Term
| What are the TWO most significant concepts in the 4th amendment and why are they so important? |
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Definition
(1) The prohibition against unreasonable searches
(2) The requirment of probable cause to issue warrants |
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Term
| What are FOUR major sources that may probide probable cause? |
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Definition
(1) Personal Observation (attributed to the officers expertise, training, or experience)
(2) Information (gathered from informants eye witnesses, victims, or police bulletins)
(3) Evidence (often has to be in plain view)
(4) Association (generally concerns a person with a known criminal background seen in a place where criminal activity is openly taking place) |
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Term
| What are the differences between a stop and a frisk? |
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Definition
(1) A stop is a seperate act in which an offficer detains a suspect, the officer reasonably believes that a criminal activity is about to take place
(2) A frisk is the physical pat down of a suspect. |
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Term
| Can you explain the exclusionary rule? |
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Definition
| This rule prohibits the use of illegall seized evidence |
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Term
| What are the exceptions to the exclusionary rule? |
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Definition
(1) The "inevitable discovery" exception established in Nix v. Williams
(2) the "good faith" exceptions established in the U.S. v Leon and also Herring vs. U.S. |
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Term
| What are the FOUR elements that must be present for an arrest to take place? |
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Definition
| (1) intent (2)authority (3) Seizure/detention (4)the person themselves understanding that they are under arrest. |
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Term
| List FOUR categories of items that can be seized by use of a search warrant? |
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Definition
| (1)Items resulting from a crime, such as stolen goods (2) inherently illegal items (3) evidence of the crime (4) items used in committing the crime |
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Term
| Indicate situations in which a Miranda warning may be unneccesary? |
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Definition
| (1) When no questions that are testimonial in nature are asked of the suspect (w)When there is no suspect |
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