Criminal Process - 4th and 5th Amendments

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Questions and Answers

What is required for a lawful search or seizure under the 4th Amendment?

  • Presence of a witness
  • Consent from the individual
  • An immediate threat to public safety
  • Probable cause (correct)

Which of the following statements about warrants is true?

  • Warrants must be issued in all cases of custodial interrogation.
  • Warrants are always required for a search.
  • Warrants are not applicable to plain view evidence. (correct)
  • Warrants can be bypassed if consent is given. (correct)

What does the Plain View Doctrine allow an officer to do?

  • Make arrests based on hearsay evidence.
  • Search for evidence under a vehicle without a warrant.
  • Seize evidence without violating the right to privacy. (correct)
  • Conduct undercover surveillance without any justification.

What is a Terry Stop primarily concerned with?

<p>Temporary detention for officer safety. (D)</p> Signup and view all the answers

How does the 5th Amendment relate to custodial interrogation?

<p>It protects against self-incrimination. (B)</p> Signup and view all the answers

Flashcards

Probable Cause

A reasonable suspicion that a crime has been or is being committed, sufficient to justify a search or seizure.

Warrant

A legal document issued by a judge authorizing a search or seizure.

Consent

When a person voluntarily allows a search of their person or property.

Plain View Doctrine

If evidence is clearly visible to a law enforcement officer, it can be seized without a warrant.

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Terry Stop

A temporary detention for law enforcement to investigate a possible crime, based on reasonable suspicion.

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Study Notes

Criminal Process - 4th Amendment

  • Protects civilians from unreasonable searches and seizures
  • Police need either consent or a warrant to search
  • Custodial Interrogation
    • Occurs when a person is under arrest
    • Suspect has the right to an attorney and to stop talking
  • Plain View Doctrine
    • If evidence is clearly visible, it's permissible to seize without a warrant
  • Terry Stop
    • Temporary detention for safety reasons

5th Amendment

  • Protection against self-incrimination
  • Protection against double jeopardy
  • Due process of law

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