Criminal Procedure: Chapter 4

Front 1

What are the 5 types of activities governed by the Fourth Amendment?

Back 1

1. Arrests with warrants.
2. Arrests without warrants.
3. Searches with warrants.
4. Searches without warrants.
5. The seizure of evidence.

Front 2

What are the 3 essential components of an arrest or search warrant?

Back 2

1. Must be issued by a neutral and detached magistrate.
2. A showing of probable cause is required.
3. Must conform to the 4th Amendment's particularity requirement.

Front 3

T or F
A neutral and detached magistrate is required regardless of the type of warrant.

Back 3

T

Front 4

If a magistrate has a financial interest in the issuance of warrants can he be considered neutral and detached?

Back 4

No

Front 5

T or F
Probable cause is not required as a component of a valid warrant.

Back 5

F

Front 6

T or F
The meaning of probable cause differs depending on whether an arrest or a search warrant is issued.

Back 6

T

Front 7

What does the officer applying for an arrest warrant have to show?

Back 7

He has to show probable cause that the person to be arrested committed the crime.

Front 8

When applying for an arrest warrant, does the officer have to show probable cause that the suspect will be found at a particular location?

Back 8

No

Front 9

What 2 things does the officer have to show when applying for a search warrant?

Back 9

1. Must show probable cause that the items to be seized are connected with criminal activity.
2. Must show probable cause that the items to be seized are in the location to be searched.

Front 10

T or F
The particularity requirement differs depending on the type of warrant issued.

Back 10

T

Front 11

To which type of warrant is the particularity requirement most easily satisfied? (search or arrest)

Back 11

arrest

Front 12

What are the 2 ways to satisfy the 4th Amendment's particularity requirement in regards to an arrest warrant?

Back 12

1. If the suspect's name is known, then supplying his name is enough to satisfy the requirement.
2. If the name is not known, then a specific description of the suspect is sufficient and a "John Doe" warrant will be issued.

Front 13

T or F
As long as other officers may locate the suspect with reasonable effort, the suspect's name is not required when applying for an arrest warrant.

Back 13

T

Front 14

What are the 2 components needed to satisfy the 4th Amendment's particularity requirement in regards to a search warrant?

Back 14

1. The warrant must specify the place to be searched.
2. The warrant must specify the items to be seized.

Front 15

What is a general warrant? (Issued by the English Crown)

Back 15

a limitless search (for evidence of treason)

Front 16

T or F
In situations in which the warrant incorrectly specifies the place to be searched, the courts will focus on the reasonableness of the officers' mistake.

Back 16

T

Front 17

If the police have a hunch that an item is in a place to be searched but do not include the item in the application for a warrant, the item can be seized under what doctrine?

Back 17

Plain View Doctrine (as long as the police are legally authorized, be obtaining a warrant, to be on the premises)

Front 18

T or F
If a warrant does not particularly describe the items to be seized (or the place to be searched), then it is an automatic violation of the 4th Amendment.

Back 18

F, the warrant will be upheld if there is an objectively reasonable basis for the officers' mistaken belief.

Front 19

T or F
An item cannot be seized under any circumstances if it is not listed in the warrant.

Back 19

F (plain view doctrine)

Front 20

A stop and an arrest are 2 different types of seizures. What is required of a stop and what is required of an arrest?

Back 20

Stop= reasonable suspicion
Arrest= probable cause

Front 21

What is the most intrusive type of seizure?

Back 21

arrest

Front 22

What case altered the definition of an arrest for all time?

Back 22

Terry v. Ohio

Front 23

What is a de facto arrest?

Back 23

When a reasonable person would believe that they are not free to leave while in the presence of the police.

Front 24

In regards to a de facto arrest, what is required that would make the encounter constitutional? (probable cause or reasonable suspicion)

Back 24

probable cause

Front 25

What 4 factors do the courts weigh when distinguishing between a stop and an arrest?

Back 25

1. The purpose of the stop.
2. The manner in which the stop takes place.
3. The location in which the stop takes place.
4. The duration of the stop

Front 26

Do station-house detentions require probable cause?

Back 26

Yes

Front 27

Is a person considered arrested if the detention was consensual?

Back 27

No

Front 28

Is a person considered under arrest if the detention was consensual?

Back 28

No

Front 29

T or F
All nonconsensual encounters between police and citizens amount to arrest.

Back 29

F

Front 30

Are the 4th Amendment requirements exactly the same at the nation's borders?

Back 30

No, much more relaxed

Front 31

T or F
Nonconsensual encounters in the home between residents and the police do not always rise to the level of an arrest.

Back 31

T

Front 32

T or F
In Michigan v. Summers (1981) the Court held that an individual can be detained during a search of his or her house, without such activity rising to the level of arrest, as long as the police have a search warrant and even if there is no probable cause to arrest him or her.

Back 32

T

Front 33

A ___ occurs when a reasonable person would not believe that he or she is free to leave.

Back 33

stop

Front 34

A ____ occurs when a reasonable person would believe that he or she is free to leave.

Back 34

nonstop

Front 35

T or F
A nonstop requires no justification at all because it is not considered a seizure within the meaning of the Fourth Amendment.

Back 35

T

Front 36

Under common law, an arrest warrant is not required if an arresting officer had probable cause to believe what 2 things?

Back 36

1. a person was committing or had committed a felony.
2. a person was committing a certain misdemeanor in the officer's presence

Front 37

When is the only situation in which an arrest warrant is required for a misdemeanor?

Back 37

If the misdemeanor act was committed out of view of the arresting officer.

Front 38

T or F
An arrest in someone's private home cannot be made without a warrant, unless exigent circumstances are present.

Back 38

T

Front 39

T or F
An arrest in the home of a third party is freely allowed with or without a warrant, even if exigent circumstances are not present.

Back 39

F

Front 40

T or F
The Court handed down a bright-line rule in Payton v. NY: An arrest in the home must be accompanied by a warrant in the absence of exigent circumstances.

Back 40

T

Front 41

Can authorities enter the home of a third party if they have an arrest warrant?

Back 41

No, the police must obtain not only an arrest warrant for the person they seek but also a separate warrant to search the third-party residence for the arrestee.

Front 42

What are two exceptions to the rule that having an arrest warrant does not allow authorities to enter a third-party residence?

Back 42

1. If the third-party consents to a request by police.
2. If there is exigent circumstances.

Front 43

Assuming a valid warrant is in place, can the police use any means necessary to effect the arrest?

Back 43

No (pg. 108)

For example, they cannot kick down the door without having any reason to do so.

Front 44

What is the "Knock and Announce" Requirement?

Back 44

Announcing their presence and reason fro being there before breaking into a house. Unless a no-knock warrant is issued.

Front 45

What are the reasons for the knock and announce rule?

Back 45

1. helps avoid needless destruction of property.
2. helps prevent violence resulting from unnecessary surprise.
3. helps preserve peoples dignity and privacy.

Front 46

Do police have to knock and announce if they have reasonable suspicion to believe that exigent circumstances are present?

Back 46

No

Front 47

Is evidence always excluded simply because the police violated the knock and announce rule?

Back 47

No

Front 48

T or F
If the door is unlocked and there is no physical damage/force needed to enter the dwelling, the officers dont have to knock and announce their presence.

Back 48

F

Front 49

What amendment governs excessively destructive police conduct during the service of warrants?

Back 49

14th amendment, due process clause (i.e., "shocks the conscious")

Front 50

When is deadly force allowed against people who are the targets of arrest warrants? (2 situations)

Back 50

1. to prevent the suspect's escape.
2. the officer has probable cause to believe the suspect posees a serious threat of death or serious physical injury to other people or police officers.

Front 51

What amendment must be analyzed in regards to all claims involving allegations of excessive force against the police?

Back 51

4th Amendment, reasonableness requirement

Front 52

What must be determined to decide when excessive force is used?

Back 52

objective reasonableness

Front 53

What 3 factors are considered when determining what a reasonable police officer would do?

Back 53

1. the severity of the crime.
2. whether the suspect posed a threat.
3. whether the suspect was resisting and/or attempting to flee the scene.

Front 54

Is evidence resulting from a wrongful arrest admissible?

Back 54

Depends on the reasonableness of the police action.

Front 55

A knock and announce requirement carries over to search warrants as well. Is evidence excluded if the knock and announce requirement is not met?

Back 55

No

Front 56

Can a person be arrested and force applied if that person gets in the way during the service of a search?

Back 56

Yes

Front 57

If the police mistakenly search the wrong residence is the search automatically declared invalid?

Back 57

No, objective reasonableness

Front 58

What are the three means by which the courts impose time constraints on the police when it comes to the service of search warrants?

Back 58

1. The service of a search warrant should take place promptly after its issuance.
2. Should take place during the daytime unless it is a night service warrant.
3. The search should not last indefinitely.

Front 59

Can probable cause dissipate if an excessive amount of time elapses between the time the warrant is issued and the time it is served?

Back 59

Yes

Front 60

What are daytime hours according to the Federal Rules of Criminal Procedure?

Back 60

6 am - 10 pm

Front 61

The search must be terminated once...

Back 61

the item in the warrant has been discovered.

Front 62

If the police do not succeed in finding the evidence named in the warrant can they leave and come back later using the same search warrant?

Back 62

No, they have to get a new warrant.

Front 63

Def
Where the police can look for evidence.

Back 63

scope

Front 64

Def
The physical steps the police can take to find the evidence in question. (e.g., breaking down doors, forcibly opening locked cabinets, etc.)

Back 64

manner

Front 65

The police may detain people who are on the premises to be searched. Can they, however, search the people?

Back 65

No, unless probable cause exists. A frisk is permissible as long as there is reasonable suspicion that there is a risk to officer safety.

Front 66

Can occupants of the place searched be detained even in handcuffs for the duration of the search?

Back 66

Yes

Front 67

What do the police have to do after a search warrant has been served?

Back 67

The police are required to inventory the items that were seized.

Front 68

Do the police have to notify the property owner of the steps necessary for the return of the property seized?

Back 68

No

Front 69

Is the media or other third-parties allowed to be brought by the police to the service of a search warrant?

Back 69

No, violates 4th Amendment unless they serve a legitimate law enforcement objective.

Front 70

T or F
The Supreme Court has been very lenient with regards to intrusions into the human body.

Back 70

F

Front 71

Def
Involves the seizure and eventual forfeiture of property derived from or used to facilitate the commission of a crime.

Back 71

Civil Asset Forfeiture

Front 72

T or F
Civil asset forfeiture is permissible even if the person whose property is sought is never charged or convicted criminally.

Back 72

T

Front 73

T or F
A warrant is rarely required for the seizure of property pursuant to a forfeiture statute.

Back 73

T

Front 74

When real property, such as a house or a pierce of land, is being forfeited the courts have required that an opportunity be made available for the property owner to be heard _____ to the act of seizing the property.

Back 74

prior

Front 75

When personal property is being forfeited the courts have required that an opportunity be made available for the property owner to be heard _____ the seizure has taken place to determine its validity.

Back 75

after

Front 76

Assuming the police have probable cause to seize property and that such probable cause is eventually demonstrated in an adversarial proceeding, what 2 amendments call into question the constitutionality of the seizures?

Back 76

8th, excessive fines clause
14th, due process

Front 77

Are warrants required to conduct administrative searches?

Back 77

Yes

Front 78

Is probable cause required to issue an administrative search warrant?

Back 78

No

Front 79

T or F
An administrative search warrant is issued once it has been shown that the location to be inspected has been chosen according to a prescribed plan and relying on neutral criteria (e.g., the date of the last search).

Back 79

T

Front 80

Can a warrant be issued based on the expectation that evidence will be present or will arrive at a particular location?

Back 80

Yes (anticipatory search warrant)

Front 81

Are tracking beepers allowed to be used to lead the police to a particular location where the suspect is currently residing at?

Back 81

Yes, however, you cannot use a beeper to track a suspect's movements inside a residence.

Front 82

Are video cameras located in public places and used for surveillance purposes constitutional? Private places?

Back 82

Yes
Depends on expectation of privacy

Front 83

Can a thermal imager be used to scan a private residence without a warrant?

Back 83

No (Kyllo v. US)

Front 84

Prior to Katz v. US, the constitutionality of searches and seizures was governed by what doctrine?

Back 84

Trespass Doctrine

Front 85

In Katz v. U.S., the ____ doctrine was abandoned and the inquiry of whether the act in question violated a person's ____ _ ____ was implemented.

Back 85

trespass
expectation of privacy

Front 86

T or F
Katz and Berger also apply to the interception of communications that can be considered consensual, such as when the government plants a listening device on an informant.

Back 86

F, they do not apply

Front 87

What is the name of the act Congress provided that "no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, purport, effect or meaning of such intercepted communications to any person."

Back 87

Federal Communications Act of 1934 (Section 605)

Front 88

Is resulting evidence admissible if the person whose conversation was intercepted consented to the conversation?

Back 88

Yes

Front 89

What do the Title III of the Omnibus Crime Control and Safe Streets Act and the Electronic Communications Privacy Act govern?

Back 89

They govern law enforcement electronic surveillance activities at both the federal and state levels.

Front 90

For electronic surveillance to conform to constitutional requirements, what 3 things do they have to abide by?

Back 90

state law
Title III act of 1968
Electronic Communications Privacy Act of 1986

Front 91

What does Title III of the Omnibus Crime Control and Safe Streets Act restrict?

Back 91

Restricts the interception of wire, oral, or electronic communications unless such interception is authorized by statute.

Front 92

What was the purpose of the Electronic Communications Privacy Act of 1986?

Back 92

To add electronic communications to the list of protected activities under Title III

Front 93

What does the government have to do to intercept the activities protected under Title III and the ECP Act of 1986?

Back 93

obtain a valid search warrant

Front 94

Are communications among government employees and communications between private parties and the general public protected under the 1968 and 1986 acts?

Back 94

No

Front 95

Do communications that are consensual in nature such as between a suspect and a government informant come under the protection of Title III or its amendments?

Back 95

No

Front 96

T or F
The application for a Title III warrant must identify both the officer filing and the officer approving the application.

Back 96

T

Front 97

T or F
The application for a Title III warrant does not have to contain a full statement of the facts and circumstances.

Back 97

F

Front 98

T or F
The application for a Title III warrant should contain a particular description of the nature and location of the facilities from which or the places where the communication is to be intercepted.

Back 98

T

Front 99

Does the application for a Title III warrant have to contain a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous?

Back 99

Yes

Front 100

Does the application for a TItle III warrant have to contain a statement of the period of time for which the interception is required to be maintained?

Back 100

Yes

Front 101

Does the application for a Title III warrant have to contain a full and complete statement of the facts concerning all previous applications?

Back 101

Yes

Front 102

Does the application for a Title III warrant contain a statement setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain such results?

Back 102

Yes

Front 103

Can authorities covertly enter the place where the interception is to take place when preparing to serve a Title III warrant?

Back 103

Yes, although the entry must be reasonable and not result in excessive property damage.

Front 104

What must be done in regards to the Title III warrant if the circumstances of the interception change during the course of the investigation?

Back 104

The Title III warrant must be amended.

Front 105

What is the remedy if all the Title III requirements are not met?

Back 105

suppression

Front 106

Can the good faith exception apply in regards to Title III warrants?

Back 106

Yes

Front 107

T or F
Anybody, regardless of standing, can succeed in having intercepted communications excluded from the trial.

Back 107

F only people with standing

Front 108

What Act regulates electronic surveillance as it pertains to foreign intelligence gathering?

Back 108

The Foreign Intelligence Surveillance Act

Front 109

What Act created the Foreign Intelligence Surveillance Court?

Back 109

FISA

Front 110

What currently expired Act removed the warrant requirement for government surveillance of foreign intelligence targets?

Back 110

Protect America Act, expired in Feb 2008

Front 111

Are the police always liable for property damage during the service of a warrant?

Back 111

No unless the damage is excessive (due process)