Upgrade to remove ads
Only $35.99/year

Search and Seizure Quiz

Terms in this set (38)

What kind of searches does the 4th amendment protect us from?
Unreasonable
A frisk is the pat down of what?
Outer Clothing
What is the purpose of a frisk?
To protect the officer
What does an officer need to perform a frisk?
Reasonable suspicion
The officer has to be able to articulate what for a frisk?
Why he or she feared for his or her safety and why he or she believes the person has a weapon
What is the object of a frisk?
To look for weapons
When it comes to a vehicle and frisks, what part of a vehicle can be "frisked"?
Only the area that is within reach of the suspect
What is the famous case in which the Supreme Court ruled that police officers can frisk?
Terry v. Ohio
A search is the prying into of what when there is a reasonable expectation of privacy?
Hidden places
What is needed to conduct a search?
A warrant or probable cause and mobile doctrine
What is required to conduct a warrantless search?
Probable cause, A COP IS ME
Name three different things a person could do to show that he or she no longer has ownership of property?
Flight from a vehicle, thrown away objects, discarded objects
What Supreme Court case ruled that a person's trash is considered abandoned property and can be searched?
California vs. Greenwood
What legal term studied is voluntary and can be withdrawn at any point?
Consent
A police officer must have a legal right to be where he is; what must the illegal object be?
Immediately apparent
What is there no expectation of in most public places?
Privacy
What. is a legitimate law enforcement activity that is not a search and which sometimes incidentally results in the discovery of evidence?
An inventory
When it comes to consent to search and vehicles, when does a person know he is free to go?
When his driver's license is returned to him
What does a school official need to search a student's belongings?
Good cause
What can an employer not give consent to a search of when it comes to his or her employee's belongings?
Desk drawer or locker
What is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house?
Curtilage
Where does an open field begin?
Where the curtilage of a house ends
What must be done in every circumstance to stand up in court?
An inventory
What supreme Court case held that police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest?
Arizona v. Gant
What Supreme Court Case said a vehicle can be searched without a warrant then there is probable cause and there is no time to obtain a warrant because it is mobile?
Carrol v. U.S.
What Supreme Court Case ruled that containers in the car can also be searched when the above case applies? (Carrol v. U.S.)
U.S. v. Ross
When is a mobile home not considered a vehicle?
When it is hooked up to utilities
What are specific situations where the court has ruled that the need of the gov't to immediately provide for the safety and the welfare of the citizens overrides the peopel's right to privacy and a warrant is not first needed before searching?
Exigent circumstances
List at least four examples of 28 (exigent circumstances)
Hot pursuit, medical emergency, imminent destruction, securing a premise on alarm calls, securing a crime scene for safety, etc.
What is the Exclusionary Rule also known as?
Fruit fo the poisonous tree
Name three things that could be suppressed at court because of the Exclusionary Rule?
Confessions, physical evidence, admissions
What Supreme Court case ruled that when a suspect is in custody, he or she has to be advised of the right to a lawyer when talking to the police?
Miranda v. Arizona
What Supreme Court case ruled police must have a warrant to seize items from a private residence and that any illegally obtained items are not allowed in federal court as evidence?
Weeks v. U.S.
What Supreme Court case ruled that evidence obtained in violation of the fourth amendment is not allowed in criminal prosecution in federal or state courts?
Mapp v. Ohio
What Supreme Court case ruled that the indigent must be provided a lawyer if they cannot afford one on their own?
Douglas v. California
What Supreme Court case ruled that a defendant has the right to a lawyer during police interrogation when in custody?
Escobedo v. Illinois
When does the Good Faith Doctrine apply?
When the officer takes action based on information he believes is credible and finds evidence though he later discovers the information is wrong.
When does the Good Faith Doctrine not apply?
When an officer arrests someone on a warrant and finds contraband, but the warrant he based the arrest on is not good.
Students also viewed