CH 13

True or False: Reasonable suspicion is the standard of proof a police officers needs to make an arrest?

False

What is the standard of proof a police officer needs to make an arrest?

probable cause

True or False: Search warrants are for all searches by police officers?

False

Exigent circumstances

One of the major exceptions to the warrant requirement of the Fourth Amendment. Exigency may be defined as “emergency

Examples of exceptions to the warrant requirement

·       Incident to lawful arrest

·       Field interrogations (stop and frisk)

·       Terry stop

·       Exigent circumstances

·       Consent searches

·       Plain view evidence

·       Abandoned property

·       Inventory

·       Automobile exception

·       Border searches

·       Good faith

·       Suspicionless search of probationer

True or False: A police officer can search without a warrant if consent is given by a person having authority to give such consent?

True

True or False: An equivocal or ambiguous request for counsel in a custodial interrogation is not sufficient to force police to stop questioning a suspect and provide an attorney?

True

True or False: A police officer’s attempt to terminate a dangerous, high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death?

True

“Evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person committed it” is the definition of ________

probable cause

Which amendment to the U.S. Constitution protects against unreasonable searches and seizures?

Fourth

The right to counsel contained within the Miranda ruling applies only when the subject of an interrogation _________.

is in custody

The purpose of a police inventory search of a vehicle is to ________

a) recover weapons

b) recover any evidence

c) account for all the contents of the vehicle

d) look for elements of a crime

c) account for all the contents of the vehicle

The police identification process that involves bringing a suspect back to the scene of the crime or another place (for example, a hospital where an injured victim is) where the suspect can be seen and possibly identified by a victim or witness of a crime is called a _______.

showup

Hierarchy of State System

Trial court level

Appellate court level

State Supreme court level

Uniform Crime Reports (UCR)

Yearly collection of aggregate crime statistics prepared by the FBI based upon citizens’ reports of crimes to the police. Has four major sections: the Crime Index, Crime Index Offenses Cleared, Persons Arrested, and Law Enforcement Personnel

National Crime Victimization Survey (NCVS)

National Institute of Justice survey of a random sample of U.S. households, asking them if a crime was committed against anyone in the household during the prior six months. Data from the NCVS is published as Criminal Victimization in the United States.

Bureau of Justice Statistics (BJS)

collects, analyzes, publishes, and disseminates information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government.

Malum in se

an act that is wrong in itself

Malum prohibitum

a wrong due to being prohibited

Mens rea

the intent

Actus rea

the act/crime

Exclusionary rule

evidence seized in violation of the constitution cannot be used in court. Determined by Mapp v. Ohio

Silver platter doctrine

Legal tactic that allowed federal prosecutors to use evidence obtained by state police officers through unreasonable searches and seizures. Federal prosecutors were allowed to use “tainted” evidence obtained by state police officers seized through unreasonable searches and seizures, provided that the evidence was obtained without federal participation and was turned over to federal officers. Silverthorne Lumber Co. v. United States (1920) made this evidence illegal in court

Tennessee v. Garner

Supreme court case that ruled that police cannot use deadly force on a fleeing felon

Castle doctrine

Reflects the English common law practice that a person’s home is his or her castle; codified in the Fourth Amendment to the U.S. Constitution. Police must use due process to enter a person’s house and to make a routine arrest (absent consent or emergency situations)

Lineup

placing of a suspect with a group of other people of similar physical characteristics

photo array

similar to a lineup, except that photos of the suspect (who is not in custody) and others are shown to a witness or victim of a crime