Exam 2 Criminal Procedure

Stops differ from arrests in that:

 

they usually occur in public places and are shorter in duration.

Whether Fourth Amendment seizures are stops or arrests depends on:​

 

duration, invasiveness, and location.

Which of the following is not a requirement for obtaining a warrant to arrest a suspect at home?​

 

the suspect's criminal history

Who determines the ultimate legitimacy of a request for an arrest warrant?​

 

a neutral magistrate

Probable cause deals with:​

 

factual and practical considerations of everyday life.

​In which of the following situations have the courts found a use of unreasonable force?

 

binding a suspect’s ankles to his wrists behind his back (hog-tying)

​The majority of arrests:

 

do not require a warrant to make them reasonable, as long as there is probable cause to arrest.

In developing probable cause, officers rely on their _______________ to make decisions regarding arrests without warrants.​

 

training and experience

Which of the following is an exception allowing entrance to a home without a warrant?​

 

exigent circumstances

The Fourth Amendment requires that a magistrate base a probable cause determination on written information sworn to under oath, also known as: ​

 

an affidavit.

When an official takes a person into custody and holds the person for anywhere between a few hours to a few days to answer for a criminal charge, the official has conducted:​

 

a custodial arrest.

Firsthand information is also called:​

 

direct information.

According to SCOTUS in Draper v. U.S., involving a narcotics arrest based on an informant's description of a suspect:​

 

hearsay can be used to determine probable cause.

In Tennessee v. Garner (1985), SCOTUS decided that:​

 

police cannot shoot a fleeing suspect if the suspect poses no imminent danger.

Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under the:​

 

Federal Rules of Criminal Procedure.

Most cases demand that arrest warrants identify the person to be arrested:

 

with reasonable certainty.

The vast majority of arrests are made:​

 

without the use of any force.

In Graham v. Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, SCOTUS held that claims of excessive force in the course of making an arrest are to be analyzed under: ​

 

the Fourth Amendment's “objective reasonableness” standard.

​Most misdemeanor offenders are issued _______________, but can be arrested under certain circumstances.

 

a citation

The probable cause requirement balances the societal interest in crime control and:​

 

the individual right to free movement.

Arrests produce written documents that become part of a person’s record.

True

It is constitutionally lawful for officers to make full custodial arrests for fine-only offenses.​

True

An officer’s subjective, honest belief that a crime has been committed is enough to support probable cause to arrest.​

False

Arrests have to satisfy the reasonableness requirement of the Fourth Amendment.​

True

The Fourth Amendment requires that magistrates base their probable cause determination on information sworn to under oath.​

True

In Atwater v. City of Lago Vista, a case involving the arrest of a soccer mom for not wearing her seatbelt, the Supreme Court ruled that:

 

the Fourth Amendment does not prohibit a warrantless arrest for a minor offense, including a traffic misdemeanor violation.

The objective standard of reasonable force was adopted by SCOTUS in which case?

 

Graham v. Connor (1989)

In what case did SCOTUS hold that the Fourth Amendment authorized a police officer to make a full custodial arrest for a fine-only criminal offense occurring in the officer’s presence?​

 

Atwater v. City of Lago Vista (2001)

What rule states that in arrests, courts don’t admit secondhand evidence to prove guilt, but, if it’s reliable and truthful, they’ll accept it to show probable cause to arrest?​

 

hearsay rule

The right to come and go as you please is known as the:​

 

right of locomotion.

Which of the following cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable?​ ( Warden v. Hayden (1967) & Colorado v. Mendez (1999) )

 

Both of these cases involve exigent circumstances that may make entering a home to arrest a suspect without an arrest warrant reasonable.

Which of the following cases involved the use of a taser?​

 

Estate of Ronald Armstrong v. Village of Pinehurst (2016)

 In what case did SCOTUS hold that hearsay evidence could be used to establish probable cause?

 

Draper v. U.S. (1959)

The Fourth Amendment particularity requirement for search warrants:​

 

requires that the warrant specifically describe the place to be searched and the things to be seized.

Which is true about containers?​

 

No warrant is needed if the container is found in a car the police have probable cause to search, and the container is a likely place to find items that police are searching for.

The following are all examples of emergency search situations, except:​

 

searching a home with a suspected drug dealer inside.

The reasonableness of searches conducted with search warrants depends on:​

 

the existence of probable cause, the extent of the search, the particularity of the warrant, and the manner in which the police enter the place to be searched.

Which of the following is NOT an exception to the warrant requirement approved by SCOTUS?​

 

a search based on an informant tip

Consent that takes place when one person in fact has the legal authority to consent to a search of the home and possessions of another person is called:​

 

actual authority consent.

According to SCOTUS in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:​

it is not reasonable to search an entire house incident to a lawful arrest.

What is the name of an emergency created by the need to pursue a fleeing suspect?​

 

hot pursuit

In order to conduct a consent search of a person, an officer must have:​

 

voluntary consent to search.

Concerning third-party consent to search, in which of the following situations can one person consent to a search for the other person?​

 

A factory owner consenting to a search of items on top of an employee's workbench.

Under the holding in Chimel v. California (1969), a leading SCOTUS case on searches incident to arrest, the police must limit a thorough search incident to arrest to:​

 

the arrestee’s person and the area within the arrestee’s immediate control.

According to the SCOTUS holding in Arizona v. Gant (2009), police may search a vehicle incident to a recent occupant’s arrest, only if the arrestee is within reaching distance of the passenger compartment at the time of the search, or if:​

 

it is reasonable to believe that the vehicle contains evidence of the offense of arrest.

In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. SCOTUS’s ruling with respect to the legality of the search of the defendant is important, because it held that:​

 

a search incident to a full custody arrest may be conducted regardless of the likelihood of finding weapons or evidence on the arrestee's person.

In Wilson v. Arkansas, SCOTUS unanimously decided that:​

 

ordinarily, the Fourth Amendment requires that police knock and announce.

According to the waiver test of consent:​

 

a consent search is valid only if the person consenting voluntarily and knowingly waives the Fourth Amendment rights.

Which of the following would NOT justify an emergency search?​

 

an inconvenient location for waiting with a suspect for a warrant

Police ordinarily seek consent to search:​

 

when they do not have probable cause and cannot get a warrant.

According to the empirical research about consent searches:​

 

lower courts find that consent was voluntary in all but the most extreme cases.

When police arrest a suspect based on probable cause, but then conduct a search without probable cause or a warrant, the search is called a:​

 

search incident to arrest.

The vehicle exception to the warrant requirement is based upon:​

 

the inherent mobility of the vehicle, and the reduced expectation of privacy in vehicles.

In Wyoming v. Houghton, concerning the search of a passenger’s purse for drugs based on probable cause that drugs are in the vehicle, SCOTUS declared that:​

 

the police may inspect passengers’ belongings that are capable of concealing the object of the search.

The “grabbable area” allows police to search:​

 

only the area within the suspect’s immediate control or "arm’s length."

In Illinois v. Rodriquez (1990), SCOTUS applied what test to uphold a search of Edward Rodriquez’s apartment?​

 

the apparent authority third-party consent test

If a suspect is arrested in a vehicle, police, as part of the search incident to the arrest, may search the vehicle’s trunk.

False

Searches of homes require warrants to be “reasonable.”

True

Which of the following is not needed to satisfy the Fourth Amendment’s warrant requirement?​

 

reasonable suspicion

According to the Court of Appeals decision in United States v. Rodney

consent to search a person includes consent to frisk the groin area.

In Wilson v. Arkansas, SCOTUS unanimously decided that:​

 

ordinarily, the Fourth Amendment requires that police knock and announce.

In California v. Acevedo (1991), SCOTUS ruled that officers with probable cause but without warrants can search containers inside vehicles:​

 

if the container isn’t an essential part of the vehicle.

What is the name of the practice of officers going to a person’s residence, with or without any objective basis, and knocking on the door so as to obtain plain views of home interiors, question the residents, or ask for consent to search?​

 

knock-and-talk technique

The criminal procedure value of balancing privacy and community safety weighs heavily on which side of the balance?​

 

the privacy side

New York v. Belton (1981) extended the Chimel rule to:​

 

interior vehicle searches, if the individual arrested is outside the car.

A search warrant must specifically identify “the things to be seized.” This particularity requirement may not be met by specifying an entire class of items.

False

The scope of a search incident to arrest includes the entire place where the suspect is arrested.

 

False

The knock-and-announce rule’s origins come from English common law.

 

True

Identify the features of a full custodial arrest and
contrast it with a stop, including the objective basis or justification for each

They differ from stops in a number of ways:

• Duration: Stops are measured in minutes; arrests last MUCH
  longer.

• Location: Stops begin and end in much the same location;
  arrested individuals are taken to different locations.

• Record: Most stops are not “written up.” Arrests produce
  written documents that become part of a person’s record.

Objective basis

• Arrest

  • Probable cause

• Stop

  • Reasonable suspicion

Identify & Describe the 3 elements required for an
arrest warrant.

• A neutral magistrate. A disinterested judge to decide
  whether there is probable cause.

• An affidavit (a sworn statement). Made by someone
  (usually the law enforcement officer) of the
  facts/circumstances amounting to probable cause.

• The name of the person to be arrested (AKA the
  “Particularity Requirement”) Has to identify, specifically,
  who is to be arrested.

Compare the definitions of reasonable suspicion and probable cause. What two interests does Probable Cause balance?

• The probable cause requirement balances the societal interest in crime control with the individual right of locomotion ( the right to free movement)

Probable cause

• reasonable grounds for making a search, pressing a charge, etc.

Reasonable suspicion

• one step before probable cause, it leds you to suspect a crime has been committed

What is required to satisfy the Fourth Amendment’s reasonableness requirement regarding arrests?

Probable cause

Identify & describe the 4 elements of a search warrant.

• Particularity—the place to be searched and the things to be
  seized must be particularly described.

• The probable cause affidavit—shows evidence that the
  items will be at a particular place.

• Neutral Magistrate – a disinterested judge who reviews the
  probable cause affidavit and approves the warrant

• The “knock-and-announce” rule—requires officers to knock
  and announce themselves and wait a “reasonable amount of
  time” before breaking and entering.

Identify three exceptions to the “knock and announce”
rule.

• to prevent violence

• to prevent destruction of evidence

• to prevent suspects from escaping

Define the Robinson (bright line rule) Rule & explain the justification for it

• Officers are always permitted to search anyone they can take into custody because

  • there is possible danger to police taking suspects into custody

  • It is impossible for the court to review every police decision

Explain the difference between actual and apparent authority to consent for another person. Give examples of who can consent to a search for someone else.

Actual Authority (Objective): Is when someone in fact has legal authority to consent to a search of your home & stuff

• If you and your significant other live together and share a room and you commit a crime your partner has the authority of let the cops investigate the room. ( with name on lease of dwelling)

Apparent Authority ( Subjective): is when someone who officers reasonably believe ( but in fact doesn’t) have authority to consent to a search of your home & stuff.

• Someone who claims they live with you and have a key but is not on the lease of the dwelling

According to U.S. v. Ramsey (1977), searches at international borders are:

 

reasonable even without a warrant or probable cause.

In Samson v. California (2006), SCOTUS expanded the ruling from U.S. v. Knights, holding that law enforcement officers can search parolees’ homes:​

 

without either warrants or individualized reasonable suspicion.

What did the court rule regarding the reasonableness of drug testing?

 

Drug testing is reasonable because of the random nature of testing and the special need of the government to protect public safety, which outweighs the minimal invasion of privacy.

In order to meet constitutional standards, an inventory search must:

 

be done pursuant to written, established, police department procedures.

According to the Supreme Court, in order to conduct a routine search at the border, officers need:

 

no probable cause, reasonable suspicion, or a warrant.

A(n) _______________ search involves searching prisoners, probationers, parolees, and visitors and employees of prisons and jails to control contraband

 

custody-related

Jail detainees, not yet convicted of a crime:

 

have diminished Fourth Amendment rights and can be searched without probable cause.

Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:

 

constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.

The Supreme Court in Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine, decided that the:

 

warrantless, suspicionless, and nonconsensual searches violated the Fourth Amendment.

DNA testing of incarcerated felons:​

 

has been found to be constitutional by the courts of appeal that have considered it.

To do a body cavity search at an international border, which of the below is needed?

 

probable cause

What type of search involves searching prisoners, probationers, and parolees, as well as visitors and employees of prisons and jails, to control contraband?​

 

a custody-related search

Which of the following is not one of the three theories courts use to explain why probationers and parolees have diminished Fourth Amendment privacy rights?​

 

They have diminished rights to promote the safety and security of probation and parole officers.

In determining the reasonableness of airport searches, courts have:​

 

held that they entail minimal intrusions that apply to all passengers.

In regard to school searches, the Supreme Court has declared:

 

the legality of the search of a student should depend on the reasonableness, under all circumstances, of the search.

Special needs searches include all of the following characteristics, except:

 

their reasonableness depends entirely on protecting invasions of individual privacy.

According to State v. Ellis, who may conduct a dormitory room search in Ohio without any justification?​

 

resident assistants

A special need that justifies airport searches is:

 

protection for air travelers.

The special need used to justify employee drug testing is directed mainly at:

 

employees who may endanger public safety while under the influence of illegal drugs.

What level of proof is required for school officials to search a high school student?​

 

reasonable suspicion

The special need justifying routine border searches is the right to control who and what comes in and leaves the country

True

According to the Supreme Court, it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use.

True

Which of the following is not considered a special needs search?

 

a hot pursuit search

In South Dakota v. Opperman (1976), the police conducted an inventory search in which they searched Opperman’s car after towing it to an impound lot because it was parked illegally. They found marijuana during a search of the glove compartment. The Supreme Court decided that the search of the glove compartment:

 

did not violate the U.S. Constitution because it was a legitimate inventory search.