What does the 4th amendment do: protects us(people, houses, papers, and effects) from unreasonable search and seizures

Searches with a warrant (Short answer)

• Obtained by: a judge who is convinced there is a good reason (probable cause), needs who they’re looking for, and what they are looking for

• Limits on searching: no general search of everything, can only seize evidence related to the case

  • But plain view allows: illegal items that can be taken even though it wasn’t specified

• Knock and announce policy: police cannot enter a house forcibly without this, expected to do this

  • The exception to this policy: if the officer has a reason of suspected violence or threats or that evidence might be destroyed

Exceptions to warrant requirements for a search and seizure (true/false)

• Boarder and airport: True

• Stop and frisk: true

• Consent: true

• Plain feel, plain smell, police dog alert, plain view: true

• Fresh pursuit: true

• Emergency Circumstances:

• Student drug test: (reasonable suspicion)random drug test yes

• Student locker searches:(reasonable suspicion) considered property

• Sobriety checkpoint: false

• Inadmissibility of confession:

• Interrogation versus custodial interrogation:

  • Interrogation:

  • Custodial;

• Miranda's warning and exception:

From worksheet 4/2

Multiple Choice

1. incarceration increase over time compared to Ohio's population increase for Prisons jails:

   1. Prisons: 184% since 1983

   2. Jails: 209% since 1970

2. incarceration as of 2019 for prisons and jails

   1. Prison: 50,338

   2. Jail: 18,190 (62% are waiting for pretrial stuff)

3. Amount per person comparing Ohio state spending on prisoners versus k-8 students

   1. state spending this amount on students and this amount of jails

4. The ratio of whites to blacks in prison compared to Ohio white to black population

   1. notice the difference between the number of people in prison versus the number of people in the state

Short Answer:

5. Know what factors are used by judges in sentencing (questions 3,4,5 on worksheet 4/2)

6. know the difference between:

   1. life sentencing: you can still get out

   2. Without parole: no chance of getting out temporarily

   3. With parole: temporary release

   4. non-life indefinite sentencing: 20 to life, could still get parole but there is no end to the sentence

   5. definite sentencing: just the amount (could include parole) but when the time is up you’re done

7. What is meant by community control versus prison? What sanctions may be put on community control?

   1. Community vs Prison:

   2. Community Control: keep them at home, make them get a job

8. Know about Tier 1, Tier 2, and Tier 3 sex offenders

   • Tier 1: least harmful

   • Tier 2: a little worst

   • Tier 3: worst

9. Know what F-1 to F-5 indicate: the felony level and

10. know if fines can be assessed for punishment:

    1. Can be but there is a limit, the 8th Amendment says you can have excessive bail or fines

11. Know what happens to repeat offenders:

    1. You’re going to get more added on to you

12. Know what the difference is between consecutive versus concurrent sentences mean.

    1. Consecutive: one after the other, after you serve you’ll complete the other

    2. Concurrent: serving all three punishments at the same time and being over at the same time

when can the police search you without a warrant:

• stop and frisk: a reasonable suspicion

• Boarders and airports: they are authorized to check

• Vehicle searches: with probable cause

• Consent: person voluntarily agrees

• Plain View: illegal items that police see even though it wasn’t specified

• Fresh Pursuit:

Police and your rights:

if the public place or enclosed area

• required: name, address, and birthday, if you don’t answer those you are in trouble

Stopped and detained:

How do you know if you stopped and detained:

• Ask if you are free to go

Why wouldn’t you be free to go?:

• they can stop you if they think you have information that may help you/ witnessed a crime

• in public places, you have to answer who you are

If they come to access a bench warrant for you:

• they don’t go look for you but if you are pulled over it automatically pops up

if they have a reasonable suspicion that you committed a crime

• they see you do something or if they didn’t see you but you’re acting weird then its probable cause

stop = quick stop to ask questions

arrest = taking you downtown to get asked and no longer free to go