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20 Cards in this Set

  • Front
  • Back
The Fourth Amendment requires that we focus on the _____ of a search or seizure by government action.
reasonableness
True or False: The only justification for a search or seizure mentioned in the Fourth Amendment is probable cause.
True
When are Fourth Amendment protections triggered?
During a search or seizure conducted by any government official
In what landmark case did the U.S. Supreme Court determine that the use of a thermal imaging device is presumed unreasonable without a warrant?
Kyllo v. United States
A practical definition of probable cause is that it consists of ______ certainty.
More than 50%
What U.S. Supreme Court case helped determine the standard of reasonable suspicion?
Terry v. Ohio
What is one example of an acceptable use of a checkpoint?
Police checking drivers for sobriety at predetermined locations
When do police need an arrest warrant?
If the arrest is made in a private place
When entering a dwelling to make an arrest, a peace officer must follow prescribed procedures for knock and notice, unless:
at the scene the officer is given consent to enter;

or exigent circumstances, such as an imminent threat to life, property, escape, or destruction of evidence exist;

or the officer possesses a "no knock" warrant
Which of the following types of search could be executed without a warrant?
A. Search incident to arrest
B. Automobile search
C. Only A is correct
D. Both A and B are correct
D (Both A and B are correct)
What U.S. Supreme Court case eventually led to the creation of the arm-span rule?
Chimel v. California
What two factors must be in place for a warrantless automobile search?
It must be impractical to obtain a warrant, and there must be probable cause that the vehicle contains evidence.
What are some reasons that someone might feel they MUST stay with police, even though they are not restrained or under arrest?
A. A certain demanding tone or instructions to stay by an officer
B. Physical touching or restraint of the citizen by an officer
C. The officer asks him or her to wait
D. Only A and B are correct
D (Only A and B are correct)
What U.S. Supreme Court case ruled on the authorization of seizure of items found in plain view?
Coolidge v. New Hampshire
When are consent searches permissible?
A. As long as there is also a search warrant
B. As long as there is probable cause
C. Both A and B are correct
D. None of the above are correct
D (None of the above are correct)
True or False: During a consensual encounter with a police officer, a citizen is free to leave at any time. During a "stop and frisk" (i.e., detention) the citizen is considered seized by the officer.
True
What is the standard used to assess the voluntariness of a suspect's confession?
Totality of the circumstances
True or False: Miranda warnings do not have to be read to a suspect unless he/she is in custody and is about to be interrogated.
True
True or False: The waiver of Miranda warnings must be expressed in order to be valid.
False
Which case determined that Miranda warnings do not need to be given if taking the time to do so would endanger public safety?
New York v. Quarles