S&S Combo Day 1
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32 terms
Terms | Definitions |
|---|---|
 What are the levels on the ladder talked about in class? | 1. Mere Suspicion 2. Reasonable Suspicion 3. Probable Cause 4. Preponderance of the Evidence 5. Beyond reasonable doubt |
| A person who exposes an item to open view does not have a reasonable __________ of ________. | expectation of privacy |
| Rhodes vs State of Texas refers to what? | Handcuffing during investigative detention for safety is justified |
| What Supreme Court Case held that evidence seized in good-faith is still admissable even though the search warrant was later found defective? | United States v. Leon |
| What are the 4 conditions for arrest? | Intent, Authority, Seize and Detain, and Understanding from the individual being detained. |
| The host can consent to the search of his non-paying guest's room but not __________ personal effects | Closed |
| Can an officer create an exigent circumstance to gain entry into a home? | No. An exigency created by the officer's own conduct as an excuse for a warrantless entry is not permitted. |
| Name the two forms of service and protection rendered to the public. | 1) Investigation of criminal activity. 2) Community caretaking function. |
| APD 306.3 An ______ created by the officer's own conduct as an excuse for a warrantless entry is not permitted. | exigency |
| US vs. Mendenhall - To determine whether an arrest has taken place, the court will apply an objective standard, focusing on the _____ _____ conveyed to the person subjected to the apprehension and detention. | reasonable impression |
| What 2 prongs came out of Katz vs United States? | 1. a person exhibits an actual (subjective) expectation of privacy. 2. the expectation must be one that society is prepared to accept as reasonable (objective) |
| An ___ ___ is conducted as part of a general regulatory scheme in furtherance of an ___ purpose, rather than as part of a criminal investigation to secure evidence of a crime. | administrative search; administrative |
| what doctrine states that "one of the principles of our legal system is that when a point of law has once been settled by decision of the highest court of the state, the decision become the law of the state and forms a precedent that is not afterward to be departed from"? | Stare Decisis |
| A ___ ___ is not a stop or arrest and there is no intent to inhibit any rights or freedoms of a person. Person has right to: 1.? 2.? 3.? | Consensual Encounter; 1. Fail to respond to the officer 2. Refused to identify himself 3. Walk away from officer |
| Mapp vs. Ohio: This is a map to what? | Exclusionary Rule |
| Examples of Community Care Taking: | Fire Rescue, medical emergencies, roadway safety, utility emergencies |
| Minor Infractions of the law may not be sufficient to: | Justify an arrest. |
| People have an expectation of privacy in what 3 areas? | Persons, vehicles, residences |
| What 2 elements are necessary to require Miranda rights be read to te suspect? | Custody and Interrogation |
| The case Florida vs Royer helped establish the difference between an arrest and a stop, by determining what constituted a "______ _______" | consentual encounter |
| What is a Search? | A Prying into hidden places for that which is concealed. It is not a search if its in the open. |
| What case says that you have to state that you are using your right to remain silent? | Berghuis V. Thompkins |
| This case states that even if you have counsel there is no automatic violation if they try and interrogate you with out counsel present, as long as you understand your rights. | Montejo V. Louisiana |
| What can a wife not give consent to search? | Her husbands legally separate property. |
| What can a principal give police a consent to search? | The lockers of students in that school. |
| What did Mapp vs Ohio give us? | The exclusionary rule |
| What is the exclusionary rule? | When evidence is obtained in violation of the 4th amendment, the evidence may NOT be used at the trial of the defendant (i.e. it will be excluded). |
| The Texas Court of Criminal Appeals has repeatedly held that it is not bound by the decisions of the federal courts of appeals or the _______ _______ in particular. | Fifth Circuit |
| When a felony has been committed and the officer does not have time to get a warrant, what are the other three requirements to have an arrest authority? | 1. The person giving the officer the info must be credible. 2. It must be a felony. 3. The offender must be about the escape |
| What Supreme Court Case held that evidence seized in good-faith is still admissable even though the search warrant was later found defective? | United States v. Leon |
| What are the 4 conditions for arrest? | Intent, Authority, Seize and Detain, and Understanding from the individual being detained |
| The host can consent to the search of his non-paying guest's room but not __________ personal effects. | Closed |
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