4Th And 5Th Amendment Review Cards

Front 1

Which constitutional amendment secures the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures.

Back 1

The 4th Amendment

Front 2

Is there a right to privacy written in the US Constitution?

Back 2

No

Front 3

The right to privacy has been "read" into the US Constitution by the US Supreme Court as an inherent, basic, essential right even though it is not specifically stated in the constitution. This intrinsic right to privacy is also "read" into the _____ and _____ amendments.

Back 3

4th and 5th amendments

Front 4

According to the 4th amendment a warrant to search a person or place should not be issued unless what exists?

Back 4

probable cause

Front 5

The 4th amendment applies to limit the actions of whom?

Back 5

the government

Front 6

The 4th amendment is really all about an American citizen's right to be left alone or his or her ______________.

Back 6

privacy

Front 7

The 4th amendment does allow the government to search a citizen and invade that citizen's privacy as long as the search is what?

Back 7

reasonable

Front 8

The 4th amendment allows the government to OVERRIDE a person's privacy and conduct a search if the police have _______________ to believe they can find evidence that you committed a crime, and a judge issues a _______ or there is an acceptable reason for not obtaining a _________.

Back 8

probable cause, warrant, warrant

Front 9

The 4th amendment only comes into play if the person has what in relation to the place or thing searched?

Back 9

a reasonable expectation of privacy

Front 10

If a person claims a right of privacy in the thing or place to be searched the 4th amendment will apply only if the expectation of privacy is ____________.

Back 10

reasonable

Front 11

A reasonable expectation of privacy is determined based upon what _______ recognizes or would be willing to recognize as reasonable.

Back 11

society

Front 12

If a person claims a right to privacy and the claim is unreasonable does the 4th amendment apply?

Back 12

No

Front 13

Does a person have an expectation of privacy in the garbage he puts out for pick up at the end of his driveway? If he does, is it a reasonable expectation of privacy?

Back 13

Maybe, no

Front 14

Does a person have an expectation of privacy in a bathroom stall with a closed door in a public restroom? If yes, is it a reasonable expectation of privacy?

Back 14

yes, yes

Front 15

If a person has a reasonable expectation of privacy in a public bathroom stall, is it okay for the government to install a hidden video camera in the restroom?

Back 15

The installation would be a search within the 4th amendment and would be subject to the reasonableness requirement.

Front 16

the Fourth Amendment does not apply to searches carried out by employees like private security guards because the 4th amendment only limits the actions of the ___________.

Back 16

government

Front 17

If a mall security guard acting on a hunch stops a young woman and searches her purse and finds a baggie full of cocaine would the young woman have any right to complain about the search and seizure? Would it be okay for the mall security guard to call the police and turn the woman and the cocaine over to the police? Was the search legal? Could the cocaine be used as evidence in the woman's trial?

Back 17

No, yes, yes because it was done by a private security guard, yes

Front 18

If an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal trial. What is this rule called?

Back 18

Exclusionary rule

Front 19

If a search was illegal, the case against the defendant must be dismissed. True or false

Back 19

False, the case can go forward if the prosecutor has enough other evidence to prove that the defendant is guilty.

Front 20

A policeman can never stop you on the street to ask you a question unless he has reasonable suspicion you are involved in a crime. True or false

Back 20

False.

Front 21

If a policeman has reasonable suspicion that you are involved in a crime he can stop you for a reasonable amount of time, ask you some questions and ask you for your ID. What is this called?

Back 21

investigative detention

Front 22

What is reasonable suspicion?

Back 22

Suspecting someone is doing something wrong based upon a feeling or belief that is not proven -- something more than a hunch.

Front 23

What is a stop and frisk?

Back 23

Officers may stop and frisk for weapons on reasonable suspicion that a crime has taken place or is about to take place and the person is armed and dangerous.

Front 24

Is probable cause needed for a policeman to stop and frisk a person?

Back 24

No.

Front 25

What is the main objective of a stop and frisk?

Back 25

A police officer who has reason to believe that the suspect is armed and dangerous has the right to frisk the person for weapons. Officer safety is paramount.

Front 26

If a police officer has reasonable suspicion that a motorist has violated a traffic law, the officer may stop the motorist. Describe three things that the officer can then do.

Back 26

1.The officer can ask you for your license, registration and insurance card.
2. The officer can ask you and all passengers to get out of the car.
3. The officer can ask all of the passengers to show him their IDs.

Front 27

If a cop stops a motorist on reasonable suspicion and sees something illegal on the front seat of the motorist's car, the officer can seize the item without a warrant because the illegal item was in ____________.

Back 27

Plain View

Front 28

What is probable cause?

Back 28

facts or evidence that make a reasonable person believe that a crime is being, or has been, committed.

Front 29

Which is stronger? reasonable suspicion or probable cause

Back 29

probable cause

Front 30

What types of factual evidence are used to show probable cause? We discussed 4 in class.

Back 30

observation, expertise, circumstantial evidence, information (e.g. a tip)

Front 31

What should an officer consider in determining the reliability of a tip?

Back 31

1- did the informant provide accurate information in the past; 2- examine how the informant obtained the information
3 - can the information be corroborated with another piece of evidence from another source.

Front 32

What is direct evidence?

Back 32

supports guilt or innocence on its face.

Front 33

What is circumstantial evidence?

Back 33

Evidence surrounding the crime from which the defendant’s guilt or innocence can be inferred. It is “indirect” evidence. The jury has to make a link between the evidence and the defendant/crime.

Front 34

Is an arrest a seizure under the 4th amendment?

Back 34

Yes

Front 35

What is an arrest warrant?

Back 35

It is a court order issued by a judge mandating that a person be taken into custody.

Front 36

An arrest warrant is issued based upon evidence that shows what?

Back 36

probable cause the defendant committed the crime

Front 37

What is bail?

Back 37

An asset is placed in the custody of the court so that the defendant can be released from prison waiting for trial.

Front 38

What happens if a person cannot make bail?

Back 38

He stays in jail while waiting for his trial to come up.

Front 39

What happens if a person makes bail?

Back 39

He can go home and wait for his trial instead of staying in jail during the waiting period.

Front 40

What purpose does bail serve?

Back 40

It is designed to secure the defendant's presence at trial and all court hearings and conferences. It motivates the defendant to show up at all of these court proceedings and not to "leave town".

Front 41

An arrest warrant must be supported by a sworn document that demonstrates probable cause. What is the name of that document?

Back 41

Affidavit

Front 42

How much force can a police officer use to make an arrest?

Back 42

As much force as is reasonably necessary to make the arrest

Front 43

If the police have probable cause to arrest you and you try to delay or avoid the arrest, you can be charged with this crime.

Back 43

Resisting arrest

Front 44

When are you legally under arrest?

Back 44

when you are taken into custody and you are no longer free to leave

Front 45

Do you have to be handcuffed to be under arrest?

Back 45

no

Front 46

What are the Miranda warnings? State all 5 components.

Back 46

You have the right to remain silent
- Anything you say can and will be used against you in a court of law
-You have the right to an attorney present during questioning
-If you cannot afford an attorney, one will be appointed for you
-Do you understand these rights?

Front 47

In part, the 5th amendment states that no person "shall be compelled in any criminal case to be a witness against himself". What does this mean?

Back 47

Witnesses do not have to incriminate themselves -- they do not have to provide evidence of an illegal act involving themselves -- giving testimony that could subject you to criminal prosecutation

Front 48

What does it mean when someone says 'I take the 5th" or "I plead the 5th"?

Back 48

They do not want to answer the question because the answer would require providing information that would accuse themselves, or point to themselves, as the wrongdoer.

Front 49

When must police give a person their Miranda Rights?

Back 49

Police read the suspect his or her Miranda Rights when the suspect is in custody and the police want to question the suspect.

Front 50

Why do the Miranda Rights affect the validity of a confession obtained by the police?

Back 50

Questioning by the police often leads to a confession or admission of guilt. The suspect should know his/her rights before he provides a confession. If the suspect does not know that he or she has the right to an attorney or to remain silent, the suspect might feel like he has to answer the questions/confess. He may be very scared and intimidated. The police may coerce the suspect into confessing. The confession is not valid unless the suspect knows his or her rights.

Front 51

What are the Miranda warnings? State all 5 components.

Back 51

You have the right to remain silent
- Anything you say can and will be used against you in a court of law
-You have the right to an attorney present during questioning
-If you cannot afford an attorney, one will be appointed for you
-Do you understand these rights?

Front 52

In part, the 5th amendment states that no person "shall be compelled in any criminal case to be a witness against himself". What does this mean?

Back 52

Witnesses do not have to incriminate themselves -- they do not have to provide evidence of an illegal act involving themselves -- giving testimony that could subject you to criminal prosecutation

Front 53

What does it mean when someone says 'I take the 5th" or "I plead the 5th"?

Back 53

They do not want to answer the question because the answer would require providing information that would accuse themselves, or point to themselves, as the wrongdoer.

Front 54

When must police give a person their Miranda Rights?

Back 54

Police read the suspect his or her Miranda Rights when the suspect is in custody and the police want to question the suspect.

Front 55

Why do the Miranda Rights affect the validity of a confession obtained by the police?

Back 55

Questioning by the police often leads to a confession or admission of guilt. The suspect should know his/her rights before he provides a confession. If the suspect does not know that he or she has the right to an attorney or to remain silent, the suspect might feel like he has to answer the questions/confess. He may be very scared and intimidated. The police may coerce the suspect into confessing. The confession is not valid unless the suspect knows his or her rights.

Front 56

What is the difference between direct evidence and circumstantial evidence?

Back 56

Direct evidence supports guilt or innocence on "its face"
Circumstantial evidence is indirect evidence and the jury has to link the evidence to the crime through inference.

Front 57

Is an arrest considered a seizure under the 4th amendment?

Back 57

yes

Front 58

A judge or magistrate will not issue a warrant for someone's arrest unless the officer provides what?

Back 58

Evidence that demonstrates probable cause that the defendant committed the crime

Front 59

A suspect has the right to waive his Miranda Rights. To be valid, the waiver must be ____________.

Back 59

Intelligent, knowing and voluntary

Front 60

If a suspect is read his Miranda RIghts and he just remains silent, is it acceptable for the police to take the suspect's silence to mean he waived his rights?

Back 60

No. Silence does not equate to a waiver.

Front 61

Is an arrest valid even if the police did not read the suspect the Miranda Rights?

Back 61

Yes. Whether or not the Miranda Rights are read to the suspect does not affect the validity of the arrest itself.

Front 62

If the police want to question a suspect they have in custody, what would you tell the police to do before they begin questioning him?

Back 62

Read the suspect his Miranda RIghts.

Front 63

If the police do not read a suspect the MIranda Rights and then question and obtain a confession from him, can the confession be used as evidence against the suspect in trial.

Back 63

No. The confession was illegally obtained and cannot be used to prove the suspect's guilt.

Front 64

What is the public safety exception to giving the Miranda Rights to a suspect?

Back 64

If there is a critical situation in which the safety of the public is in question, the officer does not have to give the suspect the Miranda warnings before questioning him. The loss of time might cause serious harm or death.

Front 65

What is an arraignment?

Back 65

The accused is brought to the judge or magistrate and the charges against the suspect are read out loud in court. The suspect pleads guilty, not guilty or no contest. Bail, if any, is set.

Front 66

What happens if the suspect pleads not guilty at the arraignment?

Back 66

The judge or magistrate will set a date for trial. Bail, if any, will be determined.

Front 67

What happens if the suspect pleads guilty at the arraignment?

Back 67

The judge or magistrate will require you to reveal the details fo the crime and then set a date for the sentencing hearing.

Front 68

What happens if the suspect pleads no contest at the arraignment?

Back 68

The suspect does not admit or deny guilt, he just agrees not to contest the charges.

Front 69

Why would a suspect plead "no contest" to the charges against him.

Back 69

~Full trial seems unwinnable
~Hoping for a lesser punishment
~Don’t have to admit guilt
~Don’t have to confess

Front 70

What is a search warrant?

Back 70

A court order mandating the search of a person or place

Front 71

A search warrant can not be issued unless the officer requesting it demonstrates what?

Back 71

Probable cause

Front 72

A search warrant contains four main categories of information. What are they?

Back 72

1. specific person or place to search
2. particular items to seize
3. time of day the warrant may be exercised
4. expiration date of the warrant

Front 73

What is the knock and announce rule?

Back 73

Before exercising a search warrant at a house, the officers must knock on the door and announce their authority and purpose.

Front 74

There are two exceptions to the Knock and Announce rule. What are they?

Back 74

No knock/announce is necessary if (1) there is a threat of harm to the officers or (2) evidence would be destroyed if advance warning was given

Front 75

What is the plain view rule as it pertains to searching a house?

Back 75

If police are searching for an item in a house in accordance with a valid search warrant and see something in plain view that tis illegal, they can seize the item.

Front 76

When you are arrested, the police can search you incident to the arrest. What does this type of search include?

Back 76

A search of your person and a grab area search.

Front 77

Why can an officer do a grab area search upon the arrest of a person and what does this include?

Back 77

A grab area search is a search of the area immediately around the person (or where he might be able to lunge into). The officer can do this type of search to check for weapons and secure his safety and to seize any evidence that the suspect might be able to destroy.

Front 78

If you are arrested at your car, what are the circumstances under which a cop can search the passenger compartment of your car?

Back 78

The person arrested is 1. within reaching distance of the compartment at time of search OR 2. it is reasonable to believe the car contains evidence of the offense

Front 79

When can a cop search an entire vehicle (including trunk) incident to arrest?

Back 79

Officer must have probable cause to believe that the vehicle contains contraband. Extent of search
- Entire vehicle
-Trunk
-Containers, opened and closed

Front 80

What is contraband?

Back 80

illegal goods

Front 81

If a cop is doing a legal Terry pat down – a legal pat down for weapons -- and the officer’s sense of touch makes it immediately clear that the object felt is an illegal one (e.g. a bag of drugs), the officer can seize the item because of what rule?

Back 81

Plain feel exception

Front 82

A person can voluntarily consent to a search without a warrant. True or false

Back 82

True

Front 83

A person can give a cop permission to search his house without a search warrant.

Back 83

True

Front 84

Can a parent give consent for a cop to search the child's bedroom without a warrant?

Back 84

Yes. A parent may consent for a minor child.

Front 85

Can a husband consent to a warrantless search of the house without the wife's permission?

Back 85

A spouse can give consent for the absent spouse. If both spouses are present, each must give their own consent. If one spouse says yes and the other says no then the cops cannot search the house without a warrant.

Front 86

What is the plain hearing rule?

Back 86

Officers can listen to private conversations within their hearing if they are where they are legally allowed to be.

Front 87

What is the plain smell rule?

Back 87

Officers can seize objects based upon odor when the odor establishes probable cause. For example, the police can search for and seize marijuana based upon the odor coming from a car.

Front 88

Do officers pursuing a subject into a building need a warrant?

Back 88

No. Hot pursuit does not require a search warrant.

Front 89

A police officer does not need a search warrant when a search is required due to an emergency. Give three examples of emergency situations in which a cop would not need a search warrant

Back 89

1. going into a burning house to rescue a person
2. searching a building after a telephoned bomb threat
3. Entering a building after hearing screams from inside

Front 90

When can an officer do an emergency search without a warrant of someone's home?

Back 90

The officer must have probable cause. The officer reasonably believes evidence will be destroyed by the time he gets a warrant. OR The officer believes the suspect will escape. OR The officer or another person will be harmed either inside or outside the home.

Front 91

What are the characteristics of a valid sobriety checkpoint?

Back 91

The officers must
- use a neutral formula to determine which vehicles to stop
-the stop must be quick
*** the stop usually includes a quick breath test
***no probable cause or reasonable suspicion is required

Front 92

The US Supreme Court has ruled that sobriety check points are legal under the 4th amendment. Why?

Back 92

The interest of stopping drunk driving outweighs the minor inconvenience of stopping for a few minutes at a checkpoint.