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AJ Ch. 6,7 and 8
Terms in this set (83)
The right to be free from unreasonable search and seizure is contained within the Fifth Amendment to the Constitution.
The burden of probable cause requires more than the mere suspicion on a police officer's part.
The exclusionary rule prohibits the use of illegally seized evidence.
When using a search warrant, law enforcement officers are justified in seizing items resulting from the crime in question.
A seizure is the act of taking possession of a person or property.
If a court finds that a person has been physically threatened or otherwise coerced into giving consent, the search is invalid.
A law enforcement officer needs reasonable suspicion or probable cause that a crime has taken place when using the "knock and talk" strategy.
Probable cause is required for a police officer to conduct a stop and frisk.
A person's race or ethnicity alone cannot provide reasonable suspicion for stops and frisks.
During a frisk, officers may search the area within the immediate control of the suspect
Police officers are allowed to use a frisk as a "fishing expedition" to find items besides weapons
A frisk can only be conducted to discover weapons.
An arrest is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge.
Under exigent circumstances law enforcement officers need not announce their presence during the execution of an arrest warrant.
Police officers can never arrest someone without an arrest warrant
The Miranda warning is designed to ensure a suspect's Fifth Amendment protection against self-incrimination
A police officer must issue a Miranda warning to the suspect when he or she intends to conduct a stop and frisk
Suspects may be questioned without having a lawyer present if the interrogation does not focus on the crime for which he or she was arrested, even though it does touch another closely related crime
Police officers are not required to tell suspects undergoing custodial interrogation that their attorney is trying to reach them
A Miranda warning is not needed when police are asking "routine" questions such as name and address
The Fourth Amendment contains two critical legal concepts: a prohibition against unreasonable searches and seizures and
requirement of probable cause to make an arrest.
When police are conducting a search or seizure, they must be
Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person, is
The Fourth Amendment protects against
unreasonable search and seizure
The prohibits the use of illegally seized evidence
Any physical or verbal evidence police are able to acquire by using illegally obtained evidence is known as
fruit of the poisoned tree
A(n) is the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial
A(n) is a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence
In order to obtain a search warrant, a police officer must generally provide specific information on the premises to be searched, the illegal activity taking place, the items to be seized, and
A(n) is the forcible taking of a person or property in response to a violation of the law
The Court has established that the does not require police to obtain a warrant to search automobiles or other movable vehicles when they have probable cause to believe that a vehicle contains contraband or evidence of criminal activity
What kind of search takes place when an individual gives law enforcement permission to search their persons, homes, or belongings?
The reasoning behind the warrantless search of automobiles is that
because they traverse public roadways, there is no expectation to privacy in one's vehicle
A law enforcement officer on border patrol does not need a warrant to search vehicles crossing the border. This exception to the search warrant is referred to as
a border search
Suppose a traffic officer pulls over a person for speeding, looks in the driver's window, and clearly sees what appears to be a bag of heroin resting on the passenger seat. Under the , law enforcement officers may seize the drugs without a warrant
plain view doctrine
A(n) is a brief detention of a person by law enforcement agents for questioning
In a(n) the intent of the officer is to investigate suspicious activity
To determine whether a stop is based on reasonable suspicion, the court uses a test
totality of the circumstances
A pat-down or minimal search by police to discover weapons with the purpose of protecting the officer or other citizens, and not to find evidence of illegal substances for use in a trial, is referred to as a(n)
The purpose of a frisk is to discover
Which case law established stop and frisk?
Terry v. Ohio
What is the scope of the search during a stop?
area within the suspect's immediate control
A(n) is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge
What is the justification required to make an arrest?
Arrest warrants are written orders based on probable cause and issued by a
What is the legal basis for the Miranda warning?
The direct questioning of a suspect to gather evidence of criminal activity and try to gain a confession is called a(n)
For Miranda to be required, a suspect must be in custody and also
The court's legitimacy is based on two factors: impartiality and
The function of the court is concerned with speed and efficiency
The function of the court is concerned with protecting the rights of individual citizens against the power of the state
The of the court is based on the medical model
The power of the law is known as
determine questions of fact
Statements in which judges express the reasons for the court's decision in a case are
A public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant, is:
Drug courts, juvenile courts, domestic courts, and elder courts are all examples of
The U.S. Supreme Court consists of __ justices
The U.S. Supreme Court orders a lower court to send it the record of a case for review. This is done with a
writ of certiorari
The The U.S. Supreme Court will not issue a writ of certiorari unless at least ___ justices approve of it
During the pretrial, the____ takes on the role of the referee
In the courtroom work group, who is responsible for maintaining security and order in the judge's chambers and in the courtroom?
In the courtroom work group, who is responsible for recording every word that is said during the course of trial?
In the courtroom work group, who is responsible for maintaining the large amount of paperwork generated during a trial, including transcripts, photographs, evidence, and any other records?
Clerk of court
During the pretrial process, the holds a great deal of discretion as to whether an individual who has been arrested by the police will be charged
Of the courtroom work group, who relies on the police to arrest suspects and gather sufficient evidence?
The level of charge to be brought against a suspect is determined by the
The primary responsibility of the___ is to represent the defendant at various stages of the custodial process, such as arrest, interrogation, lineup, and arraignment
Which amendment provides for the right to counsel?
The Supreme Court unanimously held that "any person brought to court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." This case was
Gideon v. Wainwright
About__ % of all criminal defendants in the United States are represented by public defenders or other appointed counsel
Attorney-client privilege does not apply when
the client provides information on a crime that he or she plans to commit
The due process function emphasizes punishment and retribution
The United States does not have a single judicial system, but 52 different systems—one for each state, the District of Columbia, and the federal government
Trial courts are primarily concerned with questions of law
Domestic courts and mental health courts are considered to be specialty courts
Minor criminal matters, such as traffic violations, prostitution, and drunk and disorderly conduct, are typically handled in courts with limited jurisdiction
The highest appellate court in a state is usually called the supreme court
Judges, prosecutors, and defense attorneys typically do not cooperate with one another
The clerk of the court has an exhausting list of responsibilities, including recording every word that is said in the courtroom
Generally speaking, there are two different types of defense attorneys: (1) private attorneys, who are hired by individuals, and (2) public defenders, who work for the government
It is possible for a person to waive his or her Sixth Amendment right to an attorney and act as his or her own defense attorney.
A client is protected by attorney-client privilege if the client reveals a past crime
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