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| A “knowing waiver” of rights requires that the defendant be able to understand the consequences of not invoking the Miranda rights. |
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| The U.S. Supreme Court established the public safety exception to the Miranda rule in New York v. Quarles. |
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| The sole condition for an emergency warrantless search is a probable cause to believe that there is an emergency threat of destruction of evidence. |
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| Rights are concerned with procedure, that is, with how police and other actors in the criminal justice system handle each part of the process of dealing with suspects. |
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| Harris v. U.S. sets out the plain-view doctrine. |
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| Evidence seized by police officers who are proceeding on a warrant but violate the knock-and-announce rule will be subject to the exclusionary rule. |
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| In the 1960s, the U.S. Supreme Court accelerated the process of guaranteeing individual rights in the face of criminal prosecution. |
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| According to the verdict in U.S. v. Irizarry, the plain-view doctrine applies if officers move objects so they can see evidence otherwise hidden from view. |
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| In Richards v. Wisconsin, the Supreme Court favored “no knock” entry when the police have a reasonable suspicion that knocking and announcing their presence would be dangerous or futile. |
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| Probable cause is the minimum standard necessary for an arrest under any circumstance. |
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| Police officers may enter a home to conduct a warrantless search even if one of the residents does not give permission. |
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| Officers are usually required to submit an affidavit demonstrating probable cause to a magistrate or prosecutor in order to obtain an arrest warrant. |
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| Supreme Court rulings prohibit officers from searching arrestees of the opposite sex. |
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| In Illinois v. Caballes, the U.S. Supreme Court has held that the use of a drug-sniffing dog during a routine and lawful traffic stop is permissible and may not even be a search within the meaning of the Fourth Amendment. |
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| In 2006 the USA PATRIOT Act was repealed. |
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| In California v. Hodari D., the Court ruled that suspects who flee from officers and throw away evidence as they retreat may be arrested based on the nature of the abandoned evidence. |
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| Officers need to provide Miranda warnings only in situations involving both arrest and custodial interrogation. |
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| Warrantless searches of a vehicle are permitted if officers have probable cause to believe contraband is present. |
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| In technical terms, an arrest occurs whenever a law enforcement officer restricts a person’s freedom to leave. |
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| The court recognized a suspect’s right to have legal counsel present during interrogation in Escobedo v. Illinois. |
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| When using phone taps, police must stop monitoring the call when it becomes obvious the conversation is innocent. |
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Definition
| Unreasonable searches and seizures are prohibited by the ________. |
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Term
| allows appellate courts to review the record of a lower court case |
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Definition
| A writ of certiorari ________. |
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| Which U.S. Supreme Court made the exclusionary rule applicable to criminal prosecutions at the state level? |
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| Which of the following requires that incriminating evidence be seized by police according to the constitutional specifications of due process or it will not be allowed as evidence in court? |
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Definition
| Which U.S. Supreme Court case was responsible for the creation of the exclusionary rule? |
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Definition
| ________ holds that evidence of an offense that is collected or obtained by law enforcement officers in violation of a defendant’s constitutional rights is inadmissible for use in a criminal prosecution in a court of law. |
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Term
| fruit of the poisonous tree doctrine |
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Definition
| A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure is called ________. |
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| Which Supreme Court case has become the basis for “stop and frisk”? |
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| Which of the following is NOT an area of communication the ECPA deals specifically with? |
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| The 1984 U.S. Supreme Court case U.S. v. Leon established ________. |
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| Which of the following is NOT a justification for emergency warrantless searches? |
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| Which Supreme Court ruling applied the principles developed in Weeks v. U.S. to trials in state courts? |
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| Which famous 1966 U.S. Supreme Court case provided for the advisement of rights to criminal suspects prior to questioning? |
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Definition
| Which 1936 Supreme Court case addressed physical abuse as a means of obtaining a confession? |
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| Which amendment guarantees against self-incrimination? |
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| In ________, the U.S. Supreme Court stated that considerations of public safety can be overriding and negate the need for rights advisement prior to limited questioning. |
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Term
| inmates freely talking about their crimes to an undercover officer posing as an inmate are not protected by Miranda |
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Definition
The U.S. Supreme Court decided in Illinois v. Perkins that ________. |
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Definition
| During which Supreme Court Justice’s tenure did the rights of individuals expand dramatically? |
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| ________ cases produce substantial changes both in the understanding of the requirements of due process and in the practical day-to-day operations of the justice system. |
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Definition
| An officer’s authority to detain occupants of a dwelling incident to the execution of a valid search warrant is ________. |
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| The drugs cannot be used at Mary’s trial because she did not consent to the search. |
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Definition
| Jake and Mary are married and own their home. The police come to the house and ask for permission to search the house for drugs. Jake gives his consent to the search, but Mary says no because she has hidden some drugs in the kitchen. The police come in and search, over Mary’s objection, since Jake said it was okay. They find Mary’s drugs. Which of the following is legally correct in the ensuing trial? |
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Definition
| Which of the following is NOT one of the major areas of due-process requirements of relevance to the police? |
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Definition
| Which U.S. Supreme Court case made the exclusionary rule applicable to seizures by federal officers? |
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Term
| fruit of the poisonous tree doctrine |
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Definition
| Silverthorne Lumber Co. v. U.S. is responsible for describing what principle of Fourth Amendment processes? |
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Definition
| A(n) ________ warrant is issued based on probable cause to believe that evidence of a crime, while not currently at the place described, will likely be there when the warrant is executed. |
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Definition
| In which of the following cases did the U.S. Supreme Court extend the protection against warrantless searches to overnight guests residing in the home of another? |
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Term
| a set of facts that cause a reasonable person to believe that a person committed a specific crime |
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Definition
| Probable cause is ________. |
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Definition
| Which of the following Supreme Court cases diminished the scope of the exclusionary rule? |
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Definition
| Which 1987 Supreme Court case supported the use of evidence obtained with a search warrant that was inaccurate in its specifics? |
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Definition
| Which of the following Supreme Court cases determined that “inadvertence” is no longer a necessary condition to ensure the legitimacy of seizure under the plain-view doctrine? |
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Definition
| In 2005, ________ was appointed Chief Justice of the U.S. Supreme Court. |
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Definition
| The plain-view doctrine was set out in ________. |
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Definition
| Which of the following Supreme Court cases set the “free to leave” test? |
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Definition
| In which of the following cases was it established that an officer must have an arrest warrant to enter a suspect’s private residence, unless the suspect gives consent or there are some emergency circumstances? |
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Definition
| ________ is a belief, based on a consideration of the facts at hand and on reasonable inferences drawn from those facts that would induce an ordinarily prudent and cautious person under the same circumstances to conclude that criminal activity is taking place or that criminal activity has recently occurred. |
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Term
| totality of circumstances |
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Definition
| In the case of U.S. v. Sokolow, the Supreme Court ruled that the legitimacy of stopping and detaining the suspect for investigative purposes when there is probable cause lacking, must be according to ________ criterion. |
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Definition
| In which of the following cases did the U.S. Supreme Court rule that the suspect of a robbery could not be ordered to undergo surgery because such a magnitude of intrusion into his body was unacceptable under the right to privacy guaranteed by the Fourth Amendment? |
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Definition
| In Wells, the Court held that ________ authorizing the search of a vehicle for inventorying purposes were necessary before such a discovery could be legitimate. |
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Definition
| Which of the following Supreme Court cases is concerned with search incident to lawful arrest? |
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| Police officers are not allowed to randomly stop citizens for questioning when they don’t suspect them of breaking the law. This rule was established in ________. |
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Definition
| An officer knocks on the door of a suspected drug dealer, who invites the officer into the house. While in the kitchen, the officer notices a marijuana plant on the windowsill. The officer may legally seize the plant under the ________ doctrine. |
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Definition
| In which of the following cases did the Supreme Court recognize the need for emergency searches without a warrant? |
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Term
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Definition
| In California v. Carney (1985), the Court extended police authority to conduct warrantless searches of vehicles to include ________. |
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Definition
| What legal concept provides the basis of suspicionless searches when public safety is at issue? |
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Term
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Definition
| The applicability of constitutional rights to all citizens, regardless of state law or procedure is guaranteed by the ________ Amendment. |
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Term
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Definition
| Which of the following cases emphasizes the totality of circumstances approach? |
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Definition
| To elicit a confession, police departments cannot hire professionals skilled in the art of psychological manipulation because of the decision in the case of ________. |
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Definition
| Which of the following U.S. Supreme Court cases held that electronic eavesdropping was a search and seizure under the Fourth Amendment? |
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Term
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Definition
| Which case established the minimization requirement for electronic surveillance? |
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Term
| custody and interrogation |
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Definition
| What two principles are considered the Miranda triggers? |
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