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Questions and Answers
Exclusion of evidence obtained by the police in violation of the Fourth Amendment was made applicable to individual states in ____________ (1961).
Exclusion of evidence obtained by the police in violation of the Fourth Amendment was made applicable to individual states in ____________ (1961).
Examples of suspicion are?
Examples of suspicion are?
What elements can be used to establish probable cause?
What elements can be used to establish probable cause?
Which of the following is a “rule of evidence” developed by the United States Supreme Court that states that evidence is not admissible against an accused person if an officer’s search violates the Fourth Amendment of the Constitution?
Which of the following is a “rule of evidence” developed by the United States Supreme Court that states that evidence is not admissible against an accused person if an officer’s search violates the Fourth Amendment of the Constitution?
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Which of the following cases strengthens Terry V. Ohio?
Which of the following cases strengthens Terry V. Ohio?
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Which is not an element that can be used to establish probable cause?
Which is not an element that can be used to establish probable cause?
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Curtilage is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Curtilage is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
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In ____________ v. ______________ the U.S Supreme Court said, “In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly advised of their rights.
In ____________ v. ______________ the U.S Supreme Court said, “In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly advised of their rights.
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(Texas Peace Officer, Arrest, Search and Seizure) The “corpus delicti rule” states that a confession
(Texas Peace Officer, Arrest, Search and Seizure) The “corpus delicti rule” states that a confession
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An Officer can frisk - if the situation calls for it; if there is reasonable fear that the suspect may be in possession of a weapon. The case law surrounding these facts is:
An Officer can frisk - if the situation calls for it; if there is reasonable fear that the suspect may be in possession of a weapon. The case law surrounding these facts is:
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Officers are required to inform suspects of their constitutional rights when they are subjected to custodial interrogation. This decision resulted from which court case?
Officers are required to inform suspects of their constitutional rights when they are subjected to custodial interrogation. This decision resulted from which court case?
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The _____________________ is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the Exclusionary Rule.
The _____________________ is the notion that evidence obtained after illegal government action will be excluded from evidence. This pertains not only to physical or tangible materials generally subject to the Exclusionary Rule.
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An officer establishes probable cause and obtains a search warrant from a neutral magistrate. After serving the warrant and seizing the property an error is found in the search warrant that does not materially affect the warrant. Which of the following rule applies?
An officer establishes probable cause and obtains a search warrant from a neutral magistrate. After serving the warrant and seizing the property an error is found in the search warrant that does not materially affect the warrant. Which of the following rule applies?
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Black’s Law Dictionary (7th. Ed.) defines __________________ as “a reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime."
Black’s Law Dictionary (7th. Ed.) defines __________________ as “a reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime."
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_________________ has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination of the incident.
_________________ has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination of the incident.
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A peace officer may enter a residence when;
A peace officer may enter a residence when;
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Seizure and detention do not always require force or actual contact. Many times peace officers simply inform a person that he is under arrest, and the arrested person submits without any further action. This is called “_________________” seizure and detention.
Seizure and detention do not always require force or actual contact. Many times peace officers simply inform a person that he is under arrest, and the arrested person submits without any further action. This is called “_________________” seizure and detention.
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What can a peace officer do with mere suspicion?
What can a peace officer do with mere suspicion?
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The U.S. Supreme Court in “Beck v. Ohio” said that “____________” exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.
The U.S. Supreme Court in “Beck v. Ohio” said that “____________” exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.
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Who may arrest an offender without a warrant for any offense committed within his presence or within his view?
Who may arrest an offender without a warrant for any offense committed within his presence or within his view?
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By “____________” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
By “____________” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
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Which of the following is the weakest type of search?
Which of the following is the weakest type of search?
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A peace officer may arrest an offender without a warrant, when a felony or_______________ has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
A peace officer may arrest an offender without a warrant, when a felony or_______________ has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
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“__________ v. ___________” is, according to your textbook, “colorfully” known as the “Fruit of the Poisonous Tree Case.”
“__________ v. ___________” is, according to your textbook, “colorfully” known as the “Fruit of the Poisonous Tree Case.”
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Readily observable things an officer sees in a place the officer has a legal right to be that are not the product of a search and are not subject to exclusion from evidence defines
Readily observable things an officer sees in a place the officer has a legal right to be that are not the product of a search and are not subject to exclusion from evidence defines
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_____________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
_____________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
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During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short-barrel shotgun which he recognizes as a prohibited weapon. The weapon
During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short-barrel shotgun which he recognizes as a prohibited weapon. The weapon
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Under the Fourth Amendment, probable cause – which amounts to more that a mere suspicion but less than evidence that would justify a conviction – must be shown before an arrest warrant or search warrant may be issued.
Under the Fourth Amendment, probable cause – which amounts to more that a mere suspicion but less than evidence that would justify a conviction – must be shown before an arrest warrant or search warrant may be issued.
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Black’s Law Dictionary defines _____________ as a detailed list of articles of assets containing a designation or description of each specific article.
Black’s Law Dictionary defines _____________ as a detailed list of articles of assets containing a designation or description of each specific article.
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Which circumstances justify a lawful search?
Which circumstances justify a lawful search?
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A search based on _________________ can be withdrawn at any time.
A search based on _________________ can be withdrawn at any time.
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In “__________ v. _____________” the U.S. Supreme Court extended the Fourth Amendment protection from unreasonable search and seizure to protect individuals with a "reasonable expectation of privacy".
In “__________ v. _____________” the U.S. Supreme Court extended the Fourth Amendment protection from unreasonable search and seizure to protect individuals with a "reasonable expectation of privacy".
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The case law which allows for categories of evidence for which a search may be conducted may be found in:
The case law which allows for categories of evidence for which a search may be conducted may be found in:
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The act of imagining – or of doubt or apprehension of something without proof, or on slight evidence” is Black’s Law definition of
The act of imagining – or of doubt or apprehension of something without proof, or on slight evidence” is Black’s Law definition of
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A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for _________________ may continue the pursuit into this state and arrest the person.
A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for _________________ may continue the pursuit into this state and arrest the person.
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_______________ refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another and detains them.
_______________ refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another and detains them.
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The degree of proof required to “stop and frisk” is called:
The degree of proof required to “stop and frisk” is called:
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A person is _______________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant.
A person is _______________ when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest or by an officer or person arresting without a warrant.
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Identify circumstances when frisking is permitted.
Identify circumstances when frisking is permitted.
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In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that any statement can be used against them.
In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that any statement can be used against them.
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An investigation may be conducted to determine what, if anything is occurring if a peace officer has mere suspicion?
An investigation may be conducted to determine what, if anything is occurring if a peace officer has mere suspicion?
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A limitation on the warrantless entry onto property is the “______________”, or that portion of property immediately surrounding a residence and its attached buildings. This is legally considered a private zone, like the home itself.
A limitation on the warrantless entry onto property is the “______________”, or that portion of property immediately surrounding a residence and its attached buildings. This is legally considered a private zone, like the home itself.
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______________ is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause in
______________ is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause in
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The level of proof required to obtain a search warrant is
The level of proof required to obtain a search warrant is
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Should the approach culminate in an arrest or seizure of contraband, you must be able to articulate (document) your initial suspicions to justify the initial contact made or action taken.
Should the approach culminate in an arrest or seizure of contraband, you must be able to articulate (document) your initial suspicions to justify the initial contact made or action taken.
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A “frisk” of an individual is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has
A “frisk” of an individual is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has
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________________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
________________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
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Probable Cause is defined as: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.
Probable Cause is defined as: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.
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In ____________ v. ______________ the U.S. Supreme Court determined that the detention was a seizure tantamount to an arrest, and since the officers did not have probable cause to arrest, it was an illegal seizure.
In ____________ v. ______________ the U.S. Supreme Court determined that the detention was a seizure tantamount to an arrest, and since the officers did not have probable cause to arrest, it was an illegal seizure.
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Who may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or an offense against the public peace?
Who may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or an offense against the public peace?
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Study Notes
Probable Cause and Search Warrants
- Probable cause is a reasonable ground to suspect that a person has committed or is committing a crime, or that a place contains specific items connected with a crime.
- Probable cause must be shown before an arrest warrant or search warrant may be issued under the Fourth Amendment.
- The level of proof required to obtain a search warrant is probable cause.
Exclusionary Rule
- The Exclusionary Rule states that evidence obtained by the police in violation of the Fourth Amendment is not admissible against an accused person.
- The rule was made applicable to individual states in 1961.
- The rule pertains not only to physical or tangible materials but also to intangible evidence.
Stop and Frisk
- An officer can frisk an individual if there is reasonable fear that the suspect may be in possession of a weapon.
- Frisking is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety.
Arrest and Custody
- A person is under arrest when he has been actually placed under restraint or taken into custody by an officer or a person executing a warrant of arrest.
- Seizure and detention do not always require force or actual contact; an officer may inform a person that they are under arrest, and the person submits without any further action, known as "constructive seizure and detention".
Curtilage
- Curtilage is generally considered to be that area of open space surrounding a dwelling that is so immediately adjacent to the dwelling that it is considered part of the house.
- A limitation on the warrantless entry onto property is the "curtilage", or the portion of property immediately surrounding a residence and its attached buildings.
Other Rules and Concepts
- The "corpus delicti rule" states that a confession is not sufficient to prove the existence of a crime without additional evidence.
- The "fruit of the poisonous tree" concept states that evidence obtained after illegal government action will be excluded from evidence.
- "Mere suspicion" is an act of imagining or doubting something without proof or on slight evidence.
- A search based on consent can be withdrawn at any time.
Case Law
- In Mapp v. Ohio (1961), the U.S. Supreme Court extended the Fourth Amendment protection from unreasonable search and seizure to protect individuals with a "reasonable expectation of privacy".
- In Beck v. Ohio, the U.S. Supreme Court established the standard of probable cause for searches and seizures.
- In Terry v. Ohio, the U.S. Supreme Court established the standard for stop and frisk procedures.
Warrants and Search Procedures
- A peace officer may arrest an offender without a warrant for any offense committed in their presence or within their view.
- A peace officer may arrest an offender without a warrant if a felony or misdemeanor has been committed in the presence or within the view of a magistrate, and the magistrate verbally orders the arrest of the offender.
- An officer may enter a residence when there is probable cause and a search warrant has been obtained from a neutral magistrate.
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