Law Exam 2

Front 1

Compare and contrast 4th amendment stops with full custodial arrests

Back 1

Stops are based off of reasonable suspicion minutes and on the spot.

Arrests met have probably cause and last hours to days.

Front 2

4 ways arrests are more invasive than stops

Back 2

Fingerprints, photograph, interrogation, booking

Front 3

Identify the characteristics of a full custodial arrest

Back 3

"you're under arrested"

put into a squad car

taken to the police station

photographed, booking, fingerprinted

searched

locked up in jail cell

interrogated

may be put into a line up

Front 4

Describe the 2 elements of a responsible arrest

Back 4

Objective Basis- the arrest was backed up by probable cause.Manner of Arrest- the way the arrest was made was reasonable.

Front 5

What 2 societal interests are balanced by the probable cause requirement?

Back 5

Crime Control and Right of Locomotion

Front 6

Identify and define the 2 sources of information officers can use to build probable cause to arrest

Back 6

Hearsay and Direct Information

Front 7

Describe 2 elements of the 4th amendment reasonableness requirement

Front 8

Identify and describe the 3 elements of an arrest warrant

Back 8

1. A neutral magistrate2. An affidavit 3. The name of the person to be arrested

Front 9

Identify and describe each of the elements required to meet the 4th amendment's warrant requirement

Back 9

1. The particularity requirement

2. An affidavit supporting probable cause

3. The knock-and-announce rule

Front 10

Identify and describe the main exceptions to the knock-and-announce rule

Back 10

1) searches incident to arrest

2) consent searches and

3) vehicle searches.

Front 11

Identify 5 major exceptions to the warrant requirement approved by the U.S. Supreme Court

Back 11

Searches incident to (at the time of) arrest

Consent searches

Vehicle searches

Container searches

Emergency searches

Front 12

List 3 reasons why searches incident to arrest are reasonable

Back 12

1. They protect officers from suspects who might injure or kill them

2. They prevent arrested suspects from escaping

3. They preserve evidence that suspects might destroy or damage

Front 13

Describe the ROBINSON rule and the justification for it

Back 13

Officers can always search anyone they're authorized to take into custody

Front 14

Summarize the decision in KNOWLES VS. IOWA. According to the U.S. Supreme Court, why can't officers always search incident to traffic citations?

Back 14

Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense.

Front 15

Describe the elements of scope of consent and the withdrawal of consent

Back 15

How much is searched and taking back consent

Front 16

Identify some characteristics the courts use to determine the voluntaries of consent

Back 16

Of age

Knowledgeable of rights

Intelligence

Front 17

Give an example of a third-party consent search

Back 17

Wife allowing house to be searched when they are looking at her husbands stuff

Front 18

Compare and contrast actual and apparent authority to consent. Which is the higher standard? According tot he Supreme Court, which is the minimum required by the 4th amendment?

Back 18

Actual- has ACTUAL legal grounds to consent

Apparent- BELIEVED to have authority

Front 19

Identify the 2 reasons why vehicle searches are reasonable without warrants

Back 19

For officers safety

Less expectation of privacy

Front 20

According to WYOMING VS. HOUGHTON, what's the rule regarding searches of containers in passengers vehicles?

Back 20

Searches are allowed with reasonable suspicion

Front 21

Identify 3 emergency searches, and tell why the Supreme Court finds them reasonable searches without warrants

Back 21

Hot pursuit

Danger to the community

Destruction of evidence

Front 22

Identify the 2 elements that have to be satisfied for an inventory search to be reasonable

Back 22

Balancing interests

Objective basis

Front 23

Describe the objective basis requirement for inventory search

Back 23

Searching and making lists of things suspects own and keeping them in a safe spot while under investigation

Front 24

Describe the border search exception and the special need the government balances at international borders

Back 24

The right to control who they allow to enter into their country

Front 25

Why does the Supreme Court approve of such minimal invasions of privacy during airport searches?

Back 25

Passengers have the option to big luggage to be searched or not ride the airplane

Front 26

Identify the balancing interests in custody-related searches of prisoners, probationers, and parolees

Back 26

?

Front 27

Identify 2 reasons why courts say that probationers and paroles have diminished 4th amendment rights

Back 27

Still in state custody

Its in their contract when released so they have legally already consented

Front 28

2 types of seizures

Back 28

Stops and arrests

Front 29

3 types of searches

Back 29

search with warrant, search without warrant, consent search

Front 30

Payton vs New York

Back 30

If there is time to get a warrant they MUST get a warrant

Front 31

Tennessee vs Garner

Back 31

When a person is fleeing the police the officers have the right to shoot if they do not halt and they believe the suspect is dangerous

Front 32

Atwater

Back 32

a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt. The court ruled that such an arrest for a misdemeanor that is punishable only by a fine does not constitute an unreasonable seizure under the Fourth Amendment.

Front 33

Chimel vs California

Back 33

In Chimel, the Court held that police officers arresting a person in his or her home could not search the entire home without a search warrant, although they may search the area within immediate reach of the person.

Front 34

Arizona vs Grant

Back 34

the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.

Front 35

U.S. vs Robinson

Back 35

A full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a "reasonable" search under that Amendment.

Front 36

Whren vs U.S.

Back 36

"declared that any traffic offense committed by a driver was a legitimate legal basis for a stop."

Front 37

Illinois vs Rodriguez

Back 37

The Court held that such searches are valid if, at the time of the search, the authorities "reasonably believe" the third party possesses common authority over the premises.

Front 38

New Jersey vs T.L.O

Back 38

School searching a persons purse or locker is reasonable

Front 39

Why do officers need to obtain warrants to arrest a suspect in a home?

Back 39

?

Front 40

What two conditions must be satisfied to justify the use of deadly force?

Back 40

1. necessary to apprehend dangerous suspects2. it doesn't put innocent people in danger

Front 41

Define and give example of the exceptions to the arrest warrant requirements to enter homes?

Back 41

Hot pursuit

Imminent destruction of evidence

Imminent escape of suspect

Front 42

Why do officers need to obtain warrants to arrest a suspect in a home?

Back 42

The court system "Violating the sanctity of the home is simply too substantial an invasion to allow without a warrant".