GMU CRIM 424 - TEST 1

Which type of court is a U.S. District Court?

A court that is part of the national government and hears trials

Which of the following types of cases may be appealed to the U.S. Supreme Court?

Cases from the supreme courts in each state AND also cases from the U.S. Circuit Courts of Appeals

The video discussed "discretionary jurisdiction." What does this term mean?

That the U.S. Supreme Court may decide which cases it wants to hear and which it doesn't

What part of the U.S. Constitution discusses the requirement that warrants be based on probable cause?

The 4th Amendment

Which types of federal courts have "mandatory" jurisdiction?

Only the U.S. Circuit Courts of Appeals

The legal test known as the "Aguilar-Spinelli" test ...

has been modified to allow judges more flexibility in applying the test.

Which of the following statements about the Supreme Court case of Mapp v. Ohio is TRUE?

It involved the use of a fake "search warrant" by police.

How many U.S. Supreme Court justices must agree to accept a case in order for the Court to hear an appeal?

4

If evidence is found by a court to be illegal and excluded under the Exclusionary Rule, this evidence will NOT be considered in ANY court proceeding.

False

Which legal concept limits the Exclusionary Rule by only allowing those whose rights were actually violated to take advantage of it?

Standing

When police detain a person during a stop for a longer time than is reasonable, that stop can sometimes later be considered by a court to be a/an _________ if the stop is challenged as illegal.

Arrest

An officer makes a valid "stop" of a person. The officer is suspicious that the person was about to commit a crime. What should the officer do?

The officer may frisk the person to look for weapons, but ONLY if there is reasonable suspicion that the suspect is armed or dangerous.

In which of the following cases, did the Supreme Court decide that merely walking in a high drug traffic area while "looking suspicious" to officers was NOT enough evidence of wrongdoing to allow for police to legally stop a person?

Brown vs. Texas

When conducting a valid frisk of a suspect who has been legally stopped in a vehicle, which of the following areas may an officer pat down (search)?

The suspect's body plus around/under the front and back seats AND inside any non-locked compartments or bags (such as the glove compartment or any unlocked backpacks, purses, etc.) that are in these areas

The Supreme Court has decided that the minimum amount of evidence needed for an officer to legally conduct a police stop is enough evidence to demonstrate _____________.

a reasonable suspicion of a crime in progress

In which of the following situations (if any) are police allowed to enter someone's home to make an arrest without a warrant?

If exigent circumstances exist which make it reasonable for an officer to enter the home

If an officer believes that he/she has witnessed a citizen committing a crime, the officer may usually ...

Arrest the individual as soon as the officer has seen enough to have probable cause

If the police wish to arrest a suspect in someone else's home, they generally must ...

secure BOTH an arrest warrant for the suspect and ALSO a search warrant for the home by showing probable cause that the suspect will be found in that home

In the case of Payton v. New York, what did the Supreme Court decide?

Arresting people in their homes without a warrant is generally unconstitutional

When are the police legally allowed to conduct a "protective sweep"?

When they have reasonable suspicion that there is danger of harm to the officers at an arrest scene

The illegal search in Payton v. New York was a search of

The defendant's home

When conducting a pat-down frisk, the officer may

seize weapons. However, very rarely officers may seize contraband, but only if it is immediately apparent to the officers from their "pat" that the items are illegal to possess.

A stop...

is considered to be a "seizure" of a person under the 4th Amendment

The case where the U.S. Supreme Court used the "inevitable discovery" exception to admit evidence found after an illegal interrogation by police was ...

Nix v. Williams

In Herring v. U.S., what did the U.S. Supreme Court decide?

The evidence should be admissible at trial because there was no evidence of police misconduct in the case.

In order to conduct a legal arrest of an individual, how much evidence must an officer have?

probable cause that the individual committed a crime

Practically speaking, what does it mean to say that a right has been "incorporated" into the Due Process Clause?

the right can't be violated by agents of the state government, such as the police

The U.S. Supreme Court has ____ members and the "Rule of ____" indicates the number of votes from Supreme Court justices that are required to agree to hear a case.

nine, four

The court(s) specifically established by the U.S. Constitution was/were the

U.S. Supreme Court

In the U.S. Constitution, the protection against unreasonable searches and seizures is found in the

Fourth Amendment

3 branches of government

Legislative, Executive, Judicial

14th Amendment

Due Process Clause says that state governments can't take away life, liberty, or property without due process of law

rights protected in the original constitution

- habeas corpus

- prohibition of ex post facto laws

- prohibition of bills of attainder

The bill of rights

- explicit protections against government action

- "tyranny" - cruel and oppressive government; cruel, unreasonable, or arbitrary use of power or control

which government were the framers concerned about?

National government

Amendment 1

Freedom of Religion, Speech, Press, Assembly, and Petition

Amendment 2

Right to bear arms.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment 3

No quartering of soldiers

Amendment 5

due process, double jeopardy; self incrimination

Amendment 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9

People's rights are not limited to those in the Constitution.

Amendment 10

Any rights not given to federal government are given to the states and people.

13th amendment

abolished slavery

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

15th amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

What is due process?

Constitutional protection against unfair governmental actions and laws

S.C.T

a right must be fundamental or essential to a scheme or ordered liberty to be included

Trial Courts

- often the point of entry into the court system for a case

- decides matters of fact and law

- if a jury trial is to occur, jury will be present at this stage

- parties are usually the plaintiff and the defendant

appellate court

- reviews the proceedings of a trial court

- may only review matters of law

- often decided by a multi-judge panel (no jurors at this stage)

- parties are usually the appellant and the appellee

How much evidence is required for searches and arrests

Definition of probable cause

- facts/evidence

- presented to a judge

- are enough on their own

- to convince an average person

- that a crime has been committed

US district courts

Federal trials and determine facts

US court of appeals

Review appeals from district courts

5th amendment

Limits federal government power

14th amendment

Extends protections to state government

What act created lower federal courts

Judiciary act of 1789

14th amendment due process clause

Prevents state government from depriving people of life, liberty, or property without due process

Doctorine of incorporation

Supreme Court applies rights in bill of rights to state government

Writ of certiorari

Request for Supreme Court to review lower court decision

Majority opinion

Binding decision

Concurring opinion

Agrees but for different reasons

Dissenting opinion

Disagrees with majority

Probable cause

Reasonable belief, based on evidence, that crime has been/ being committed

Probable cause for arrests

Likely the suspect committed a crime

Probable cause for searches

Evidence is likely present

Aguilar spenelli test

Test to assess probable cause when informant provides information

Case that replaces Aguilar spinelli test

Illinois v gates: replaces with totality of the circumstances test and allowing flexibility for probable cause

Stale info

Evidence that’s too old

Exclusionary rule

Preventing illegally obtained evidence from being used in court

Case that first applied exclusionary rule to federal cases

Weeks v us

Case that extended exclusionary rule to state cases

Mapp v Ohio: exclude illegally obtained cases; fake search warrant was used in case

Exceptions to exclusionary rule

good faith exception: police acted on honest mistakes

Inevitable discovery: evidence would’ve been found legally

Attenuation: intervening factors weaken link between illegal search and evidence

Herring v us

Evidence Should be admissible at trial because there was no evidence of police misconduct in the case

Nix V Williams

Inevitable discovery, exception to admit evidence found after illegal interrogation by police

Terry v Ohio

Police may stop and briefly teaching a person if there’s reasonable suspicion that person engaged in criminal activity

When warrant Required for an arrest

Rest in persons home requires a warrant

Reasonable suspicion

Lower standards of probable cause requires specific articulable facts suggesting criminal activity

Can police stop someone for being in high crime area

No (Brown v Texas) Running from police in high crime area can justify a stop (Illinois v wardlow)

Arrest

Form of seizure when a person taken into custody

Police execute an arrest warrant

Officers, knock and announce their presents before entering home

Search up grabbabke area

Search area within suspects immediate control

frisk

Limited put down of persons outer clothing to check for weapons

When Officer Frisk driver/passengers vehicle

Officer has reasonable suspicion, person armed/dangerous

Michigan v long

Search passenger compartment of vehicle is believed suspect danger

Area of car searched during frisk

Areas capable of hiding weapons

Closed but unlocked containers

Can’t open trunk unless more probable cause exists

Stop

Considered a seizure of a person under fourth amendment

Illinois v gates

A search warrant there was enough probable cause, even though it came from anonymous source

Peyton v ny

Police can’t enter suspects home without warrant to make arrest unless extent circumstances exist