Chapter 7 study guide CJ101

The rights of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons to be seized

4th amendment

Which case established the exclusionary rule at the federal level in 1914, and that established that illegally seized evidence cannot be used in a trial?

Weeks v. US

Which case established the fruit of the poisonous tree doctrine, and says that because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure in 1920

Silverthrone Lumber Co. v. US

Which case extended the exclusionary rule to the states in 1961? This casse says that the 14th Amendment due process applies to local police, not just federal officers

Mapp V. Ohio

Which case follows the following circumstances?

He was arrested at his home for burglary of a coin shop; however, the police had only an arrest warrant, not a search warrant. nevertheless, they searched his home and found coins in various places, including his garage, in 1969

Chimel V. California

When law enforcement officers have acted in good faith, the evidence they collect should be admissible even if later it is found that the warrant they used was invalid (1984)

U.S v. Leon

The computer error exception to the exclusionary rule. Police cannot be held responsible for clerical errors. (1995)

Arizona V. Evans

Objects falling in "plain view of an officer, who has the right to be in the position to have the view, are subject to seizure and may be introduced as evidence (1968)

Harris v. US

Police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such an injury (2006)

Brigham City v. Stuart

Which is the acronym that provides justification for emergency warrantless searches

L.E.E

What do the acronyms that provide justification for emergency warrantless search stand for?

Life, Escape, Evidence

In 1997, the court ruled that in those circumstances when police have a reasonable belief that announcing their presence and intentions may be dangerous, futile, or result in the destruction of evidence, a "no knock" entry is justified

Richard V. Wisconsin

A search warrant issued on the basis of probable cause to believe that evidence of a crime, while not presently at the place described, will likely be the warrant is executed

anticipatory searches

This case upheld the constitutionality of anticipatory warrants (2006)

U.S v. Grubbs

Whether a person is actually free to leave can only be determind by examining the of the ___ surrunding the interrogation

totality;circumstances

In this case, the court stated the juvenile WAS free to leave, even though he confessed to involvement in a murder and was eventually arrested (2004)

Yarborough v. Alvarado

Created the automobile exception to warrantless searches (1925)

Carrol v. US

(true or false)Carrol V. United States: George Carrol was on his way to sell illegal liquor to an undercover prohibition officer. Another officer on regular patrol of the highway pulled the car over, searched it, and found the illegal liquor. Carrol claimed that his car was searched illegally, even though the highway officer had reason to believe he had liquor in the car. te court established that " the mobility of the vehicle is an exception of the warrant requirement, commonly referred to in other case law as the automobile exception

True

Defined the limitations of warrantless vehicle searches (time and circumstances(1964)

Preston v. Us

This type of search may be necessary in order to ensure public safety

suspicionless

Such searhces must be on a ___ ___- a legal concept that provides a basis for suspicionless searches when public safety is at stake

compelling interest

Suspicionless searches of vehicles at our nation's borders are (not permitted/ permitted), even when searches are extensive

permitted

The government's authority to conduct suspicionless inspections at the border includes the authority to remove, disassemble a vehicle's fuel tank(2004)

U.S v. Flores-Montano

In the case of informants, a two-pronged-cause test usually satisfies the probable cause requirement per (1964)

Aguilar v. Texas

The source of the informant's information is made clear, and the police officer has a reasonable belief that the informant is reliable (1964)

the pronged test

The Court adopted a totality of the circumstances approach to evaluating an anonymous tip(1983)

Illinois v. Gates

A defendant is entitled to counsel at police interrogations, and counsel should be provided when the defendant so requests (1964)

Escobedo v. Illinois

pripr to custodial interrogation, a person must be informed of his or her rights (custody + interrogation = __) (name the case in your answer (1966)

Miranda v. Arizona

A waiver to miranda right can be done if such a waiver is , , and__

voluntary, knowing, intelligently

True or false: Silence is a waiver

false

The Supreme Court held that there is a "public safety exception" to the requirement that officers issue Miranda warning to suspects(1984)

New York V. Quarles

A warrant is required to unveil what a person makes an effort to keep private, even in a public place (1967)

Katz v. US

What does the USA PATRIOT Act stand for?

Uniting and strengthening America by providing the appropriate tools required to intercept and obstruct terrorist