Podcast
Questions and Answers
What must occur for the Fourth Amendment protections against unreasonable searches and seizures to apply?
What must occur for the Fourth Amendment protections against unreasonable searches and seizures to apply?
- The property must be commercial in nature.
- Evidence must always be obtained with a warrant.
- The expectation of privacy must be reasonable. (correct)
- A search must be conducted by federal agents only.
In which scenario is a police search likely to be deemed permissible under the Fourth Amendment?
In which scenario is a police search likely to be deemed permissible under the Fourth Amendment?
- A passerby allows police to search their belongings. (correct)
- The police search a vehicle without probable cause.
- Evidence is obtained through illegal questioning.
- Police enter a home without a warrant or consent.
What best describes the concept of 'probable cause' in relation to search and seizure?
What best describes the concept of 'probable cause' in relation to search and seizure?
- It requires clear and compelling evidence before any search is conducted.
- It allows for searches based solely on past criminal records.
- It must lead a reasonable person to suspect contraband exists. (correct)
- It is based on the officer's intuition or hunch.
When is a search warrant not required under the Fourth Amendment?
When is a search warrant not required under the Fourth Amendment?
Which of the following statements is true regarding standing in Fourth Amendment cases?
Which of the following statements is true regarding standing in Fourth Amendment cases?
What is required for a search warrant to be considered valid?
What is required for a search warrant to be considered valid?
During a Stop & Frisk, what is the necessary standard of suspicion required from the officer?
During a Stop & Frisk, what is the necessary standard of suspicion required from the officer?
Which of the following scenarios falls under the Automobile Exception?
Which of the following scenarios falls under the Automobile Exception?
What is a critical requirement for conducting a search incident to arrest?
What is a critical requirement for conducting a search incident to arrest?
What does the Good Faith Exception to the warrant requirement imply?
What does the Good Faith Exception to the warrant requirement imply?
Which type of searches fall under the category of Administrative searches?
Which type of searches fall under the category of Administrative searches?
What must an officer establish when searching a vehicle under the Moving Vehicle Exception?
What must an officer establish when searching a vehicle under the Moving Vehicle Exception?
In which scenario can police conduct a search without a warrant based on administrative exceptions?
In which scenario can police conduct a search without a warrant based on administrative exceptions?
Which of the following circumstances can justify a warrantless search?
Which of the following circumstances can justify a warrantless search?
What must be demonstrated for a valid waiver of Miranda rights?
What must be demonstrated for a valid waiver of Miranda rights?
Which component is NOT part of the Miranda warnings?
Which component is NOT part of the Miranda warnings?
What does 'scrupulously observed' refer to in the context of Miranda rights?
What does 'scrupulously observed' refer to in the context of Miranda rights?
What is the purpose of the Exclusionary Rule?
What is the purpose of the Exclusionary Rule?
What is considered 'fruit of the poisonous tree'?
What is considered 'fruit of the poisonous tree'?
For a search or seizure to be deemed legal, what is NOT required?
For a search or seizure to be deemed legal, what is NOT required?
In what situation can police legally re-initiate questioning after a suspect has invoked their Miranda rights?
In what situation can police legally re-initiate questioning after a suspect has invoked their Miranda rights?
Flashcards
4th Amendment Protection
4th Amendment Protection
The 4th Amendment protects against unreasonable searches and seizures, making illegally obtained evidence inadmissible in court.
Search & Seizure - Privacy
Search & Seizure - Privacy
A search and seizure is justified only if there's a reasonable expectation of privacy violated by the search; if there is no such reasonable expectation, no probable cause is needed to justify a search.
Probable Cause
Probable Cause
Sufficient facts and circumstances, such that a reasonable person would believe contraband or evidence is present, and legally obtained.
Reasonable Expectation of Privacy
Reasonable Expectation of Privacy
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Legally Obtained Evidence
Legally Obtained Evidence
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Exigent Circumstances
Exigent Circumstances
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Miranda Warnings
Miranda Warnings
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Custody
Custody
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Interrogation
Interrogation
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Valid Waiver
Valid Waiver
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Exclusionary Rule
Exclusionary Rule
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Fruit of the Poisonous Tree
Fruit of the Poisonous Tree
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Scrupulously Observed
Scrupulously Observed
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Search Warrant
Search Warrant
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Stop and Frisk
Stop and Frisk
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Search Incident to Arrest
Search Incident to Arrest
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Automobile Exception
Automobile Exception
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Administrative Searches
Administrative Searches
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Good Faith Exception
Good Faith Exception
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Plain View Doctrine
Plain View Doctrine
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Study Notes
Criminal Procedure Overview
- Criminal procedure outlines the steps taken by the legal system to process individuals suspected of crimes.
Criminal Justice System Process
- The system involves several stages:
- Crime reported and observed
- Investigation
- Arrest
- Charges filed
- Initial/Bail/appearance hearing
- Preliminary hearing/detention
- Pre-trial services/prosecution
- Felonies and Misdemeanors have different processing paths within the system.
- Felonies can have grand jury proceedings.
- Misdemeanors may involve diversion programs.
- Both can involve Plea bargains, trials, and sentencing.
- Some cases can be dismissed or dropped without further legal action, leading suspects to be released from further legal proceedings.
- The system ends with sentencing and corrections or release from the system.
Fourth Amendment: Search and Seizure
- The Fourth Amendment protects individuals from unreasonable searches and seizures.
- Inadmissible evidence is obtained from unreasonable searches and seizures.
Search and Seizure - Things
- An invasion of the suspect's reasonable expectation of privacy must occur.
- Step 1: Invasion of privacy
- Step 2: Probable Cause Legally Obtained
- Step 3: Search Warrant
- Step 4: Exceptions
Invasion of Privacy
- If no reasonable expectation of privacy, probable cause is not necessary.
- Consent: Voluntarily given by the possessor of the items to be searched.
- Plain View: No privacy expectation if items are in plain view (see, hear, smell).
- D’s privacy (standing): Expectation of privacy extends to social/overnight guests, not commercial guests
- Vehicles: Passengers cannot argue about something found under a seat.
- Govt action (no private citizens)
Probable Cause Legally Obtained
- Evidence must be legally obtained.
- How the police obtained information is important.
- Illegal stops or arrests make evidence inadmissible.
- Reasonableness: Facts and circumstances sufficient to lead a reasonable person to suspect contraband.
Search Warrant
- Issued by a neutral magistrate/judge.
- Based on reliable information (Totality of Circumstances).
- Considering credibility of the source and the basis.
- Must be reasonably specific.
- Places to be searched, time, and items.
- Good faith exception: If there was a mistake, but police acted in good faith, the warrant does not automatically make evidence invalid.
Exceptions to Warrant Requirement
- Stop and frisk
- Search incident to arrest
- Automobile exception
- Administrative searches
- Emergency situations
Stop and Frisk
- Reasonable suspicion, not probable cause, is required.
- Purpose limited to weapons, not evidence.
- Plain view doctrine applies.
Search Incident to Arrest
- Must be a lawful custodial arrest.
- Search must be within the suspect's "wingspan."
- Immediate area to search.
- Home (room)
- Vehicle (passenger compartment)
Automobile Exception
- Moving vehicles have a reduced expectation of privacy.
- Probable cause is still required.
- Can sometimes search trunk, or tow and search later.
- Immobile vehicles
- Inventory searches (procedure is important).
- Reason to search is to protect contents, not to search for evidence.
- Public safety exception.
Administrative Searches
- Health/Safety
- Airports
- Schools
- Workplaces (relevant issues)
- Fire
- Highly Regulated Businesses: Liquor, gun, mining industries
Emergency Searches
- Exigent circumstances
- Police in hot pursuit
- Evidence quickly disappears (BAC, blood, breath, urine, DNA)
Search and Seizure - Statements
- 5th Amendment (self-incrimination) and 6th Amendment (fair trial) protect suspects’ rights.
- Custodial interrogations require Miranda warnings.
- Warnings are required for incriminating statements to be admissible.
Miranda Warnings
- Exact wording varies by state.
- Right to remain silent.
- Anything said can be used in court.
- Right to an attorney.
- If suspect can't afford an attorney, one will be appointed.
Miranda Components
- Custody: Under arrest or not free to leave. (Illustrative cartoon)
- Interrogation: Actual questioning or functional equivalent (e.g. implied questioning).
- Valid Warning: Correct Miranda warnings given.
- Valid Waiver: Knowingly, intelligently, and voluntarily waiving rights (Prosecution’s burden).
- Scrupulously Observed: Police must stop questioning if invoked rights (suspect may invoke rights again at any time).
Exclusionary Rule
- Evidence obtained in violation of the Fourth, Fifth, and Sixth Amendments is excluded.
- Fruit of the Poisonous Tree: Evidence derived from illegal activity is also excluded.
- Exceptions apply to the exclusionary rule.
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Description
This quiz explores the steps involved in criminal procedure, including investigation, arrest, and various types of hearings. It differentiates between the processing of felonies and misdemeanors and highlights the role of the Fourth Amendment in search and seizure. Test your knowledge of the criminal justice system's processes and protections.
