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33 Cards in this Set
- Front
- Back
In Terry v. Ohio, 3 men were stopped by the police for acting suspiciously in front of a store. The Supreme Court ruled that it was reasonable to stop,frisk,and search. |
True |
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A person cannot be arbitrarily stopped and detained by the police. |
True |
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To determine if you have been arbitrarily stopped, you can ask the police this question: |
Am I free to go? |
|
Stop and Frisk laws permit an officer to stop and question a person on the reasonable suspicion that the person has committed, is in the process of committing, or is about to commit a crime. |
True |
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If a police officer frisks someone, he can go into your purse or pockets. |
False |
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When an officer frisks someone, they are doing so because they believe they might be in some personal danger. |
True |
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If you are arrested, you will be searched. This is called a search pursuant to a lawful arrest. |
True |
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If you are going to be arrested, the officer must have: |
Probable Cause |
|
In Sibron v. New York, a police officer witnesses a man talking with known drug addicts, but does not hear any conversations or see any drugs being transferred. He searched the man. The Supreme Court ruled that the drugs seized from Sibron had to be suppressed. |
True |
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In New Jersey v. T.L.O., a young girl was caught smoking in the bathroom. The Supreme Court ruled that the school administration must meet a standard of “ probable cause ” to search. |
False |
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In Mapp v. Ohio, the police broke into her home without a warrant and searched. The Supreme Court ruled that the entry into her home was lawful. |
False |
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There were three exceptions to the warrant requirement discussed in class. Which is NOT one of them? |
Reasonable suspicion |
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In order for the police to use “ Hot Pursuit ” to enter a home, there must have been a “ chase of the suspect” & the police must have “ reasonable suspicion”. |
False |
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Normally, a police officer canny enter a home without a warrant. If the police do obtain a warrant, it must be very exact. |
True |
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If someone breaks into your home and steals your T.V., you can use deadly forces if you shoot them before the reach the exterior of your home. |
False |
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If the police arrive at your home without a warrant and you allow them inside, you can ask them to leave your home at any time. |
True |
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In Chimel v. CA., police obtained a warrant to arrest a man for burglary of a coin shop. They searched his house, but only had an arrest warrant. The Supreme Court ruled that a search warrant was needed & they suppressed the evidence. |
True |
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In Mincey v. Arizona, where an undercover officer was killed, the Supreme Court stayed that the police should have obtained a warrant prior to the search. Evidences was suppressed. |
True |
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The Jury verdict required in a civil trial is 12 of 12 jurors must agree to the verdict. |
False |
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A person can claim the 5th amendment in both civil and criminal trials. |
False |
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To find a person guilty in a criminal trial, you need a preponderance of evidence. |
False |
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The Supreme Court has used the term reasonable expectation of privacy in explaining the reason why a warrant is required when the government wants to eavesdrop on a conversation. |
True |
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In CA. v Greenwood, police took a person’s garbage and searched it without a warrant. The Supreme Court ruled that the police needed to obtain a warrant for such a search. |
False |
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In Massachusetts v Sheppard, a boyfriend murders his girlfriend, but the police use the wrong warrant to search his house. The Supreme Court applied the Good Faith Exception. |
True |
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In Ker. v CA., Ker & his wide were arrested in their apartment after the police let themselves in. The Supreme Court ruled that the police did have probable cause to arrest. |
True |
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A furtive movement is the equivalent of reasonable suspicion for a police officer. |
False |
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A warrant is always required when the police want to search a car. |
False |
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The fourth amendment, like all of the amendments in the Bill of Rights, is a check & restraint on federal or state action. |
True |
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If you are in friend’s home and the police arrest you, but do so after an illegal search, you can claim the Constitutional rights of the home owner to protect you because you do have a reasonable expectation of privacy there. |
False |
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Anything that is illegal which is in plain view to any officer can be confiscated by the officer and an arrest can be made. |
True |
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If the Court makes a mistake on a warrant, and the police search a residence lacking a valid warrant, all of the evidence seized cannot be used in court because it was obtained unlawfully. |
False |
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If a person’s fourth amendment rights have been violated, the evidence seized when the violation occurred cannot be admitted in a court of law. The evidence would be suppressed. |
True |
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In schmerber v. CA., a drunk driving accident forced the police to search the defendants blood. No consent was given. Supreme Court ruled it was a case of exigency circumstance. |
True |