Podcast
Questions and Answers
Which Amendment prohibits unreasonable searches and seizures?
Which Amendment prohibits unreasonable searches and seizures?
- The Fourth Amendment (correct)
- The Eighth Amendment
- The Sixth Amendment
- The Fifth Amendment
What is the importance of the Fourteenth Amendment?
What is the importance of the Fourteenth Amendment?
It extends constitutional protections to state-level criminal justice.
Which of the following is not one of the three areas of due process requirements that are of relevance to the police?
Which of the following is not one of the three areas of due process requirements that are of relevance to the police?
- Self-incrimination
- Fair trial rights
- Search and seizure
- Double jeopardy (correct)
Landmark cases create changes in which area?
Landmark cases create changes in which area?
According to ________, evidence illegally seized by the police cannot be used in a trial.
According to ________, evidence illegally seized by the police cannot be used in a trial.
According to ________, any evidence that derives from an illegal search and seizure may be declared tainted and excluded from trial.
According to ________, any evidence that derives from an illegal search and seizure may be declared tainted and excluded from trial.
Which Supreme Court ruling applied the exclusionary rule to the states?
Which Supreme Court ruling applied the exclusionary rule to the states?
According to the Supreme Court, in a search incident to arrest, where are the police permitted to search if they do not have a search warrant?
According to the Supreme Court, in a search incident to arrest, where are the police permitted to search if they do not have a search warrant?
In which of the following situations would the police not be legally permitted to conduct a warrantless search or seize evidence without a warrant?
In which of the following situations would the police not be legally permitted to conduct a warrantless search or seize evidence without a warrant?
A search warrant can only be issued if there is
A search warrant can only be issued if there is
Which of the following is not required for the police to seize contraband under the plain view doctrine?
Which of the following is not required for the police to seize contraband under the plain view doctrine?
According to the Supreme Court, the police may conduct a 'stop and frisk' without a warrant based on
According to the Supreme Court, the police may conduct a 'stop and frisk' without a warrant based on
When are the police allowed to conduct a search of someone who is not suspected of a crime?
When are the police allowed to conduct a search of someone who is not suspected of a crime?
In the case of Illinois v. Gates, the Supreme Court established which test for evaluating whether information provided by an informant may be the basis for issuing a warrant?
In the case of Illinois v. Gates, the Supreme Court established which test for evaluating whether information provided by an informant may be the basis for issuing a warrant?
________ involves tactics used by police interviewers that fall short of physical abuse but still pressure suspects to divulge information.
________ involves tactics used by police interviewers that fall short of physical abuse but still pressure suspects to divulge information.
In Escobedo v. Illinois, the Supreme Court formally recognized a suspect's right to have an attorney present
In Escobedo v. Illinois, the Supreme Court formally recognized a suspect's right to have an attorney present
The 'Christian burial speech' led to the creation of which exception to the Miranda requirements?
The 'Christian burial speech' led to the creation of which exception to the Miranda requirements?
19-year-old Dzhokhar Tsarnaev, the surviving Boston Marathon bomber, was initially questioned by law enforcement officers before he was read his Miranda rights under which exception to Miranda?
19-year-old Dzhokhar Tsarnaev, the surviving Boston Marathon bomber, was initially questioned by law enforcement officers before he was read his Miranda rights under which exception to Miranda?
When do the police have to read the Miranda warnings to a suspect?
When do the police have to read the Miranda warnings to a suspect?
Which federal law greatly expanded the ability of the police to intercept many forms of electronic communications?
Which federal law greatly expanded the ability of the police to intercept many forms of electronic communications?
Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye is known as ________ evidence.
Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye is known as ________ evidence.
Which of the following is not a special characteristic of electronic evidence?
Which of the following is not a special characteristic of electronic evidence?
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Study Notes
Constitutional Amendments and Rights
- The Fourth Amendment protects against unreasonable searches and seizures.
- The Fourteenth Amendment ensures that constitutional protections extend to state-level criminal justice.
Due Process and Legal Procedures
- Double jeopardy does not apply as a due process requirement relevant to police operations.
- Landmark cases primarily contribute to changes in civil law.
Exclusionary Rule
- Evidence obtained illegally cannot be used in trial per the exclusionary rule.
- Evidence derived from illegal searches can be deemed tainted and excluded based on the good faith exception.
Significant Supreme Court Cases
- Mapp v. Ohio extended the exclusionary rule to state courts.
- In searches incident to arrest, police may only search areas within an arrestee's immediate control without a warrant.
- A search warrant necessitates probable cause for issuance.
Plain View Doctrine
- For police to seize contraband under the plain view doctrine, they do not need permission from the property owner.
Reasonable Suspicion and Public Safety
- Police can conduct a "stop and frisk" based solely on reasonable suspicion.
- Searches can occur without a warrant if there is a pressing public safety concern.
Warrant Issuance Standards
- The totality of the circumstances test, established in Illinois v. Gates, gauges the validity of informant-provided information for warrants.
Interrogation Techniques
- Inherent coercion refers to methods that may pressure suspects without physical abuse.
- Escobedo v. Illinois solidified a suspect's right to have legal counsel during interrogations.
Miranda Rights Exceptions
- The "Christian burial speech" established the inevitable discovery exception to Miranda requirements.
- Dzhokhar Tsarnaev was initially interrogated under the public safety exception before being read his Miranda rights.
Requirement of Miranda Warnings
- Miranda warnings must be given to a suspect before interrogation post-arrest.
Electronic Communication Surveillance
- The USA PATRIOT Act of 2001 expanded police capabilities to intercept various forms of electronic communications.
Types of Evidence
- Latent evidence refers to relevant information in an investigation that is not immediately visible to the naked eye.
- Contrary to electronic evidence characteristics, it is important to note that electronic evidence can be latent.
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