Chapter 6 Ccjs100

Front 1

How does the Supreme Court define "search"?

Back 1

Actions by law enforcement officials that intrude on people's reasonable expectations of privacy

Front 2

What is "reasonable expectation of privacy"

Back 2

The objective standard developed by courts for determining whether a government intrusion into an individual's person on property constitutes a search because it interferes with the individual's interests that are normally protected form gov't examination

Front 3

What is "seizure"?

Back 3

Situations in which police officers use their authority to deprive people of their liberty or property and which must not be "unreasonable" according to the Fourth Amendment

Front 4

How is "stop" defined in this chapter?:

Back 4

A brief interference with a person's freedom of movement for a duration that can be measured in minutes.

Front 5

What is "reasonable suspicion"?

Back 5

A situation in which specific articulable facts lead officers to conclude that the person may be engaging in criminal activity

Front 6

What is "probable cause"?

Back 6

An amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime.

Front 7

What is an "affidavit"?

Back 7

A written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant

Front 8

What is a "totality of circumstances"?

Back 8

A flexible test established by the Supreme Court for identifying whether probable cause exists to justify a judge's issuance of a warrant

Front 9

What is the "plain view doctrine"?

Back 9

It permits officers to notice and use as evidence without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be

Front 10

What is the "open fields doctrine"?

Back 10

Supreme Court Doctrine under which property owners have no reasonable expectation of privacy in open fields on and around their property.

Front 11

What are the six kinds of searches that may be legally conducted without a warrrant and still up-hold the Fourth Amendment?

Back 11

1)Special needs beyond the nomal purposes of law
2)Stop and Frisk on the streets
3)Search incident to a lawful arrest
4)Exigent Circumstances
5)Consent
6)Automobile Searches

Front 12

Describe the case: Terry v. Ohio (1968)

Back 12

Supreme Court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.

Front 13

What is a stop-and-frisk search?

Back 13

Limited search approved by the Supreme Court in Terry v. Ohio that permits police officers to pat down the clothing of people on the streets if there is a reasonable suspicion of dangerous criminal activity.

Front 14

Chimel v. California (1969)

Back 14

Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested.

Front 15

What are Exigent Circumstances?

Back 15

When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure.

Front 16

United States v. Drayton (2002)

Back 16

Legal decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search.

Front 17

Miranda v. Arizona (1966)

Back 17

US Supreme Court decision declaring that suspects in custody must be informed of their rights to remain silent and be represented during questioning.

Front 18

What are the four things that suspects must be told: Miranda Rules?

Back 18

1)They have the right to remain silent.
2)If they decide to make a statement it can and will be used against them in court
3) They have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney.
4)If they cannot afford an attorney, the state will provide one.

Front 19

What two elements must be present for a valid consent to permit a warrantless search?

Back 19

Voluntariness and a person with proper authority to consent.

Front 20

What is the "public safety" exception?

Back 20

The exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by taking the time to supply the warnings.

Front 21

How have police officers adapted their practices in light of Miranda?

Back 21

Officers ask questions before suspects are in custody, use techniques to pretend to befriend or empathize with suspects being questioned, and misinform suspects about the existence of evidence demonstrating their guilt.

Front 22

What is the exclusionary rule?

Back 22

the principle that illegally obtained evidence must be excluded from trial

Front 23

What is the "good faith" exception?

Back 23

The exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission.

Front 24

What is the inevitable discovery rule?

Back 24

Supreme Court ruling that improperly obtained evidence can be used when it would later have been inevitably discovered by the police.

Front 25

Nix v. Williams (1984)

Back 25

Legal decision in which the Supreme Court created the inevitable discovery exception to the exclusionary rule.

Front 26

The term "reasonable expectation of privacy" is most relevant to what police activity?

Back 26

Search

Front 27

What is a significant deprivation of liberty, involving taking a person into custody, transporting them to a police station or jail, and processing them into the criminal justice system?

Back 27

Arrest