SOC 317 Ch. 8

Term
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The Fourth Amendment controls searches and seizures. What two clauses does it contain?
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Terms in this set (22)
The Fourth Amendment controls searches and seizures. What two clauses does it contain?
The Reasonableness Clause
The Warrants Clause
What amendment controls searches and seizures?
The Fourth Amendment
What is to a "search" according to the Fourth Amendment?
Abandoned Property
Open Fields
Fly-Overs
What is an arrest defined as?
An arrest is a seizure under the Fourth Amendment.

An arrest occurs when a police officer takes a person into custody or deprive a person of freedom for having allegedly committed a criminal offense.
True or False? Under the Fourth Amendment, an arrest is considered a seizure.
True
What is a search warrant?
An order issued by a judge, directing officers to conduct a search of
specified premises for specified objects.
What is an arrest warrant?
An order issued by a judge, directing officers to arrests a particular individual.
Warrants are required in what two key situations?
Arrests and searches in private homes or on specific types of private property.

Arrests for minor offenses committed out of view of the arresting officer.
What three requirements must be met before a warrant can be secured?
Probable clause
Neutral and detached Particularity
What is Probable Cause?
Usually, defined as a reasonable belief, based on fact, that a crime
has been committed and that the person, place or object to be searched and/or seized is linked to the crime with a reasonable degree of certainty

Sources of information for probable cause include firsthand knowledge, informants, anonymous tips and telephone tips
What are some sources of information for probable cause?Firsthand knowledge, informants, anonymous tips and telephone tipsWhat is a Neutral and Detached Magistrate?Any judge is considered a neutral and detached magistrate Judge's signature serves as a check on the police officers' decisions concerning who should be arrested and/or searched Before a warrant will be issued, a police officer must offer sworn testimony that the facts on which the request for the search warrant is made are trustworthy and trueIn regards to warrats, what is Particularity?Concerned with specifically naming the items to be seized pursuant to a search or specifically naming the individual to be arrested pursuant to an arrest warrantWhat are the seven procedural steps in serving a warrant?Knock and announce Keep property damage to a minimum Use appropriate force Pay attention to time constraints with search warrants Limit scope and manner of searches No reporters allowedWhat are the significant exceptions to the warrant requirement of the Fourth Amendment?Extingent, or demanding, circumstances Automobile Searches Consent Searches Crimes committed in an officer's presence The Plain View DoctrineWhat are Extingent, or demanding, cricumstances? (4)Hot pursuit Danger of escape Threats to evidence Threats to othersWhat are automobile searches?Automobiles can be searched without a warrant, so long as there is probable cause to search.What are consent searches?Do not require warrants or probable cause because the consenting party effectively waives his/her Fourth Amendment rights.True or False? If a person commits a crime in an officer's presence, no warrant is necessary before an arrest is made.TrueWhat is the Plain View Doctrine?The principle that evidence in plain view of police officers may be seized without a search warrant. If an officer is engaged in a lawful search and has probable cause that an item in plain view is subject to seizure, the item can be seized.It is required that police officers advise people who are both in custody and interrogated on the constitutional right (from the fifth amendment) not to incriminate themselves. What is this typically called?Miranda WarningWhat are suspects who are advised of their Miranda Rights told?They have the right to remain silent If they decide to make a statement, the statement can and will be used against them in a court of law They have the right to have an attorney present at the time of the interrogation, or they will have an opportunity to consult with an attorney If they cannot afford an attorney, one will be appointed for them by the state