Term
| What are the 3 kinds of citizen-police encounters? |
|
Definition
- Exchanging pleasantries
- Some suspicion
- Arrest
|
|
|
Term
|
Definition
| Warrantless search of a vehicle based on PC alone is justified because a vehicle is mobile and visible |
|
|
Term
| True or False: Warrantless searches are deemed unreasonable. |
|
Definition
|
|
Term
| What are the exceptions that make a warrantless search reasonable? |
|
Definition
- Vehicles (trunks and locked compartments are also searchable)
- Open fields (0% privacy)
- Subject gives Consent
- Inventory
- Emergency/Exigent Circumstances
|
|
|
Term
| What is included in the Specificity of a warrant? |
|
Definition
- Person
- Address
- Items/Objects
- Serial #s
- Packaging
|
|
|
Term
What does the inventory consist of?
(warrant) |
|
Definition
- Court copy
- Agency/Agent copy
- Arrestee copy
|
|
|
Term
| What are the two types of wiretaps that are authorized? |
|
Definition
- Criminal
- Terrorist/Intl. Security
|
|
|
Term
| What are the different types of authority that cosign wiretaps for the sake of anti-terrorism? |
|
Definition
- Patriot Act
- Terrorist Surveillance Program (AG's behest w/o PC or warrant)
- Foreign Intelligent Surveillance Court (they review PC and authorize/deny wiretaps)
|
|
|
Term
What are the two things that must be proved according to the Aguilar test?
(informants) |
|
Definition
- Veracity (accuracy)
- reliability
|
|
|
Term
| According to the Spinelli case, what do officers have to prove concerning informants' knowledge? |
|
Definition
|
|
Term
| What was the test that was developed from the Gates case? |
|
Definition
| The totality of the circumstances test |
|
|
Term
| True or False: Aguilar became the Federal standard concerning informant tips. |
|
Definition
| False. Gates became the Federal Standard |
|
|
Term
| What states still adhere to the Aguilar-Spinelli standard? |
|
Definition
|
|
Term
| What was the case that set precedent that specified parameters for officers when conducting a search? |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
What are the procedures that officers must go through to start a search?
(house) |
|
Definition
- Knock
- Announce presence
- Wait 20 seconds before knocking door down
|
|
|
Term
| True or False: In the Hudson v Mich case, the Wilson v AR standard was upheld. |
|
Definition
| False. The officers involved in the Hudson case didn't uphold the standard. |
|
|
Term
| True or False: The evidence discovered in the Hudson case was excluded because the Wilson standard was broken. |
|
Definition
| False. The officers would have discovered the evidence no matter the time restraints (Inevitable discovery) |
|
|
Term
| The scope of a search is limited by: |
|
Definition
- Subject
- Scope of consent or warrant
- Size of the Item ("elephant in the Volkswagon")
|
|
|
Term
| What are the different parameters search-related detentions? |
|
Definition
- detain occupants of search area
- ppl exiting search area
- ppl wanting to enter search area
- handcuffs permitted if saftey is an issue
|
|
|
Term
| The staleness of warrants are affected by: |
|
Definition
- type of object/evidence (i.e. if officers were looking for drugs 20 days after the fact, the warrant would probably be stale. If they were searching for child porn with the same time window, it would more than likely still be there)
|
|
|
Term
| "Warrantless" Searches are permitted in what type of circumstances? |
|
Definition
- Abandoned property (CA v Greenwood)
- Open fields
- Condemned property
- Abandoned vehicles
|
|
|
Term
| What is a sequence of a Terry stop? |
|
Definition
RS>Stop>Questions>(if satifised, stop) Dissatisfied>Officer safety issue>pat down(outer)>Weapon/Evidence>PC>Arrest>Incidence to Arrest, Full Search
|
|
|
Term
| True or False: If an officer does an outer frisk and finds non-threatening evidence, he may further manipulate it to discover what it is. (reasonable suspicion) |
|
Definition
|
|
Term
| What are the 3 main points of a Terry stop? |
|
Definition
- Reasonable Suspicion
- Basis for outer frisk
- Basis for inner frisk
|
|
|
Term
What is the plain feel doctrine?
(definition) |
|
Definition
| When an officer can determine evidence on first touch in a pat down it is allowed |
|
|
Term
| Does a drug dog sniff require a warrant? |
|
Definition
| No, a dog sniff is not a search. No warrant is required |
|
|
Term
| True or False: A drug courier stop (profiling) violates civil rights and can't be used for a terry stop. |
|
Definition
| False. Racial profiling violates civil right, not drug courier profiling. |
|
|
Term
| True or False. A detaining officer must have fear for their safety to do a terry style pat down. |
|
Definition
|
|
Term
| True or False: A vehicle search requires a search warrant. |
|
Definition
| False. Visibility in a car |
|
|
Term
| True or False: A stop under a terry situation constitutes a seizure within the 4th Amendment. |
|
Definition
| True. Only a limited seizure though. Must have PC for complete seizure |
|
|
Term
| True or False:A suspect drug dealer meets and hangs out on the corner with plenty of people. There is sufficient evidence for a terry stop based on RS. |
|
Definition
| False. There must be a possible bad act in question for RS |
|
|
Term
| True or False: The level of suspicion required for outer level pat down is equal to level of suspicion for arrest |
|
Definition
| False: The officer has to have fear for his safety for a pat down. This is not enough for an arrest |
|
|
Term
| True or False: If an officer has RS against a suspect, he can detain them as long as it takes to discover if a crime has been comitted. |
|
Definition
| False. Its only a limited detention |
|
|
Term
| True or False: An officer can't conduct a stop and Id detention when there is no RS present. |
|
Definition
|
|
Term
| True or False: There is no such thing as a stop and frisk of a vehicle. |
|
Definition
| False. If the officer sees something that is potentially harmful (plain view), then a frisk is reasonable. |
|
|
Term
| What is the basis of a frisk?(what is in question) |
|
Definition
|
|
Term
| True or False: PC is needed for a terry stop. |
|
Definition
| False. Only RS is needed. |
|
|
Term
| What precedent did the Greenwood case set? |
|
Definition
| Abandoned property subject to search without warrant |
|
|
Term
| What precedent did Gates v IL set? |
|
Definition
| Made Gates the new standard for informants (totality of circumstances) |
|
|
Term
| True or False: A fenced in open field requires a search warrant. |
|
Definition
| False. Open fields are not subject to search warrants |
|
|
Term
| True or False: The 4th Amendment was meant to deter police misconduct concerning searches and confessions. |
|
Definition
|
|
