Fourth Amendment Exceptions to the Warrant Requirement, Exams of Nursing

Download Fourth Amendment Exceptions to the Warrant Requirement and more Exams Nursing in PDF only on Docsity! 1 CRIMINAL PROCEDURE GPSTC FINAL EXAM Questions with correct answers Latest Updates 2024 probable cause - ANSWER-*facts or circumstances* that would make a reasonable or prudent *person* believe a crime is being or has been committed. Probable cause to search v probably cause to arrest - ANSWER-Two types of probable cause An arrest without probable cause is - ANSWER-illegal PC is the basis for - ANSWER-a *legal* search or a *legal* arrest The Exclusionary Rule definition - ANSWER-A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct ex: illegally searching someone and finding contraband does not allow that evidence to be used in court Evidence seized in violation of due process or some provision of ___________ (based on exclusionary rule) - ANSWER-the Bill of Rights 2 Weeks v. US - ANSWER-Case law that established exclusionary rule, evidence gotten without a warrant isn't admissible in a *federal court* Lottery tickets were seized from a home without a SW Wolfe v. Colorado (1949) - ANSWER-FEDS would go to *local* officers and make them obtain evidence because the exclusionary rule did not apply to local and state officers also known as *Silver Platter Doctrine* - was ultimately struck down Mapp v. Ohio (1961) - ANSWER-Extended the Exclusionary Rule to the states, increasing the protections for defendants. Illegally obtained evidence could not be used in state, county, and local govt Searched Mapp's house with a fake SW for gambling stuff but she had porn (obscene materials) in her house Purpose of Exclusionary Rule - ANSWER-to deter police misconduct; to control the behavior of the cops Government Action - ANSWER-Any action taken by government officials and their agents (the po-po) Exclusionary Rule _________ - ANSWER-only applies to government action The Exclusionary Rule prohibits the following: - ANSWER-1. The introduction of evidence seized during an unlawful search 5 ex: *Christian Burial Case* Brewer v. Williams (1977) - ANSWER-Called the Christian Burial Speech *inevitable discovery* Fruit of the Poisonous Tree Doctrine - ANSWER-A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure. the prosecution must show on inevitable discovery: - ANSWER-11th circuit standard 1. the lawful means which made the discovery inevitable, were possessed by the police, and 2. were actively being pursued prior to the occurrence of the illegal conduct attenuate - ANSWER-to reduce in force or degree; to weaken Wong Sun v. US - ANSWER-In the view of the fact that after his unlawful arrest, petitioner Wong Sun had been lawfully arraigned and released on his own recognizance and had returned *voluntarily, several days later when he made his unsigned statement* the connection between his unlawful arrest and the making of that statement was so attenuated that the unsigned statement was not the fruit of the unlawful arrest and, therefore, it was properly admitted evidence (*purged taint*) Oregon v. Elstad (1985) - ANSWER-Facts: Michael Elstad arrested for burglary, incriminated self/confessed before read Miranda rights *purged taint due to the separation of time and the recognition of his rights after the fact* 6 if miranda read after the fact and free and voluntary statement given, it is admissible Missouri v. Seibert (2004) - ANSWER-Facts: Patrice Siebert convicted of 2nd degree murder from fire → confession before read Miranda Rights → read rights, pressured to re-confess Issue: Does the Oregon v. Elstad rule apply even though police intentionally didn't read Miranda rights and received confession? Rule: Oregon v. Elstad (un-Mirandized confession is admissible) Conclusion: No, Rule does not apply, violation scope - ANSWER-the range of one's authority, breadth, or opportunity to function. example: the boundary or limits of a search warrant Tiers of Police/Citizen Contact - ANSWER-Tier 1 - Verbal Encounter Tier 2 - Brief Stop (ARS) Tier 3 - Arrest (PC) Tier 1 Verbal Encounter - ANSWER-Communication between police and citizens involving no coercion or detention *consensual encounter, no 4th violation* Tier 2 Brief Seizure / Stop - ANSWER-must be supported by ARS 7 *more than a gut feeling* Articulable Reasonable Suspicion - ANSWER-a set of facts and circumstances that would lead a reasonable and prudent officer to believe that crime is afoot Tier 3 Arrest - ANSWER-Full scale arrest supported by probable cause What is an arrest? - ANSWER-The seizing and detaining of a person by lawful authority Which amendment covers an arrest? - ANSWER-fourth Fourth Amendment - ANSWER-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Elements of Arrest - ANSWER-Intent Seizure Communication/Understanding An arrest should be thought of ____________ - ANSWER-as a process of events Intent of arrest - ANSWER-What is the offcs intent? Do you intend to arrest? Do you intend to resolve the ambiguity of the situation? Your actions may show intent 10 an officer may make a warrantless arrest under - ANSWER-17-4-20 or 17-4-23 if PC exists arrest based on personal observation of a peace officer - ANSWER-the officer must be there lawfully or how observed it must be lawful info must be legally obtained PC for : arrest is dealing with ____________ - ANSWER-probabilities *not* certainties it must exist at the time of arrest. taking in consideration what he has heard, smell, touched, or seen training and experience obviously play a part. collective knowledge - ANSWER-pc may rest on this when there is some degree of communication between them, not just possessed by the officer that makes the arrest preponderance of the evidence - ANSWER-the level of proof in civil cases; more than half the evidence supports the allegations of one side *51%* California v. Hodari - ANSWER-In order for a seizure to have occurred there must either be some application of physical force, even if extremely slight, or a show of authority to which the subject yields. two parts to an arrest warrant - ANSWER-1. the affidavit - a sworn statement (of facts) 2. command - order of a court 11 officer may arrest in any county (17-4-25) - ANSWER-under a warrant issued by judicial officer, an arresting officer may, in any county without regard to the residence of the arresting officer, arrest any person charged with a crime. if you arrest someone, they have to be in front of a judge within ______________ - ANSWER-72 hours (first appearance) if not, supposed to be released any judge of superior, city, state, or mag court can _____________ - ANSWER- issue a warrant based on PC (if its someone other than a lawyer or a cop, there can be a warrant application hearing) warrant for arrest issued in any county even though ______________ - ANSWER-crime was committed in any county a warrant for arrest can be signed by _____________ - ANSWER-any judge of any county can a private citizen arrest? - ANSWER-yes, if the offense was committed in his presence Immunity from arrest - ANSWER->members of the military going to drill or active duty unless felony or breaching the peace >members of the GA assembly when they are in session >diplomatic immunity 12 Search incident to arrest - ANSWER-A warrantless search of a person and the area around that person, conducted shortly after the person is arrested. *arrest must be lawful* the right of an officer to search is NOT limited to _________ - ANSWER- situations where weapons or evidence of the crime are likely to be found Where can you search on a search incident to arrest - ANSWER-area within immediate control Chimel v. California - ANSWER-Incident to arrest an officer may search the person and the "area within the immediate control" or lunging area Search without a warrant - ANSWER-1. protecting the officer from attack 2. preventing the person from escaping 3. discovering or seizing the fruits of the crime for which the person has been arrested; or 4. discovering or seizing any instruments, articles, or things which have been or are being used in crimes for which the person has been arrested Scope of Search Incident to Arrest - ANSWER-1. the person arrested 2. the lunging area Applies only to a custodial arrest once property is inventoried_________________ - ANSWER-you cannot search it again without a warrant 15 Does everyone go to jail on a tier 3 (arrest)? - ANSWER-no, due to non- custodial arrests (citations, etc) US v Cortez - ANSWER-Reasonable suspicion is the minimum level of proof necessary to conduct a vehicle stop for possible involvement in criminal activity Brown v. State - ANSWER-any stop of a moving vehicle has been treated as a detention and an officer generally has no authority to make a stop of a vehicle unless he has at least has ARS Delaware v. Prouse - ANSWER-The Supreme Court ruling that police may not randomly stop motorists to check their driver's license and auto registration without any probable cause to suspect crime or illegal activity. *outside of road blocks* -Random STOPS are UNLAWFUL- a detention must be - ANSWER-BRIEF - "confined search to what was minimally necessary" - Momentarily detain - a limited protective search - a brief stop of a sus individual Hiibel v. Nevada - ANSWER-held that statutes requiring *suspects* to disclose their names during police investigations did not violate the Fourth Amendment a frisk: - ANSWER-two step process: 1. pat down first 2. intrude beneath the clothes only if it feels like a weapon 16 Minnesota v. Dickerson - ANSWER-Plain Feel: Must be there legally, must immediately recognize contraband, & must not manipulate Plain Feel Doctrine - ANSWER--during frisk, if officer grab something and immediately recognize it, they can seize it *must be immediately apparent as to what it is* A frisk is justified when - ANSWER-- There are concerns for safety for the officer or for others - There is ARS that sus is armed and dangerous - There is ARS that the sus is about to commit a crime and a weapon is commonly - the officer is alone and back up has not arrived or is not avail. - the number of suspects and physical size - the emotions behavior and look of the sus - keeping hands in pockets after being told to remove them Can you handcuff during a tier 2? - ANSWER-yes, if it is reasonable + articulate why Terry Stop Time and Scope: - ANSWER-limited to the time minimally necessary related to the stop. limited in scope. scope must be tailored to underlying investigation if detention is too long or involves moving the subject it may become unreasonable Roadblock is valid when it meets five requirements: - ANSWER-1. Supervisory officers have to decide where, when, and why 17 2. All vehicles were stopped; 3. The delay to motorists is minimal 4. The operation was well-identified as a police checkpoint; and 5. The screening officer was competent to determine which motorists should be given field tests for intoxication The lawfulness of a roadblock is dependent upon: - ANSWER-1. the decision to implement roadblock was made by supervisors - To implement includes deciding to have the road block and when and where to have it Baker v. State - ANSWER-the state can expect to lose such contests if it fails to produce the responsible supervisory personnel at the hearing and has no other admissible evidence to establish the basis for the roadblock legitimate purposes of a roadblock - ANSWER-- interception of illegal aliens - sobriety checks - verification of drivers license and registration - emergency check points to prevent an imminent terrorist attack or to catch dangerous criminal - seeking information from the public Curtilage - ANSWER-an area of land attached to a house and forming one enclosure with it yard, out buildings, etc Search (definition) - ANSWER-an action by a government official that invades a person's reasonable expectation of privacy (REOP) 20 circuit the magistrate's duty is to determine whether pc exists to issue an sw - ANSWER-must be neutral and detached How do we develop probable cause - ANSWER-hearsay - info gained or acquired from another and not part of one's direct knowledge ex: another LE victim of crime disinterested private citizen informer making a statement against a penal arrest informer - ANSWER-anyone who gives information to the police informants - ANSWER-it is not necessary to name an informant as long as he is sufficiently described so as to make it clear they fall within one of those categories and they actually exist Aguilar-Spinelli Test - ANSWER-(1) Was the informant credible—was it likely that he or she was telling the truth? (Veracity/Relability) - (2) Was the informant reliable—was it likely that the informant had knowledge? (Basis of Knowledge) Aguilar v. Texas - ANSWER-Established a two prong test for search warrants that require a: 1. A credible source, 2. A reliable base of knowledge. 1st prong aguilar spinelli - ANSWER-informer has given good info in the past 21 2nd prong aguilar spinelli - ANSWER-how does this person have info about certain incident. How do you know it is not just a rumor ILLINOIS v GATES (totality of the circumstances test) - ANSWER-If doesn't fit aguilar spinelli test, it goes to this -totality of circumstances standard Anonymous TIps - ANSWER-in order for corroboration of informant's info to be meaningful enough to show reliability. Info which is corroborated must include details relating not to easily obtained facts and conditions existing at the time of the tip but to fewer actions of third party not easily protected - just predicts future behavior What are the grounds for a search warrant - ANSWER-Probable cause There is no _____________ to the warrant requirement - ANSWER-"murder scene exception" when can a search warrant be executed? - ANSWER-any *reasonable* time How long is a search warrant valid? - ANSWER-10 days Where do you leave a copy of the affidavit after serving the search warrant? - ANSWER-in a conspicuous place Exception to "knock & announce" rule - ANSWER-if: - increased peril of the officer, or 22 - lead to the destruction of evidence What can you take on a SW - ANSWER-property described in sw or any illegal substance or evidence of a crime found within the scope of the search Warrantless Searches - ANSWER-A search of someone's body or property conducted by law enforcement personnel without the issuance of a search warrant. Searches conducted without prior approve are - ANSWER-per se unreasonable subject only to a few exceptions Warrantless Search are illegal except for: - ANSWER-Search incident to arrest Exigent circumstances exist Consent Guidelines for Exigent Circumstances - ANSWER-impracticability or unreasonableness to obtain a warrant appropriate in scope. scope of search must be limited in exigency PC must still be present Exigent Circumstances Exception - ANSWER-Are certain emergencies such as the case of evidence destruction, an emergency scene (protection of life), or a hot pursuit that justifies a warrantless entry, protective sweep, 25 Florida v. Wells - ANSWER-Inventory must not be a ruse for a general rummaging the right to inventory the vehicle depends on the right to ___________ - ANSWER-impound the vehicle No right to impound the car if: - ANSWER-the driver can have someone called if someone is readily available to take control of the vehicle Plain View - ANSWER-A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity. The plain view doctrine is a _____________ not a ______________ - ANSWER- seizure doctrine ; search doctrine Arizona v. Hicks - ANSWER-- Bullet fired through an apt. floor, police enter looking for shooter/victims/weapons, they seize weapons and then notice stereo equipment, wrote down serial numbers - Exigent circumstances ended when weapons were seized, so stereo equipment is out (needed a warrant and independent PC) Kyllo v. US - ANSWER-held that the use of a thermal imaging, or FLIR, device from a public vantage point to monitor the radiation of heat from a person's 26 home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant. minimum proof needed to stop a car - ANSWER-ARS open field doctrine applies to all land __________________ - ANSWER-outside the curtilage (regardless of how remote it is and regardless of the efforts of the property owner to keep others out) A person cannot create a reasonable expectation of privacy in an open field. it must harbor the intimate sanctity of the home True or False? - ANSWER-True Open Field or Curtilage - ANSWER-1. the proximity of the area claimed to be curtilage to the home 2. whether the area is included within the enclosure surrounding the home 3. the nature of the uses to which the area is put; 4. the steps taken by the resident to protect the area from observation by people passing by Abandoned Property - ANSWER-Property that has been discarded by the owner, who has no intention of reclaiming it. You cannot seize abandoned property without a warrant? True or False - ANSWER-False. You can. Inventory is NOT a _________________ - ANSWER-guise for a search 27 Factors to consider on abandoned property - ANSWER-1. Flight by occupant to avoid apprehension 2. The nature of occupant's tenancy 3. The condition in which the premises are left upon departure Steagald v. United States - ANSWER-LE cannot legally search for subject of arrest warrant in home of *third party* unless: 1. a sw is obtained 2. lawful consent granted 3. exigent circumstances Breaking Open Doors (17-4-3) - ANSWER-You can break open someone's door if they have an active arrest warrant Pre-Trial Identification - ANSWER--Right to Counsel(right to a lawyer) -Suggestiveness Considerations for Misidentification -view of criminal when crime committed(dark outside) -attention degree/ accuracy of witness - level of certainty witness demonstrates (doubt fullness) -length of time between crime & confrontation (time past/ victim forgot) if a lineup is impermissibly suggestive it violates what - ANSWER-the 5th amendment due process clause Peace Officer - ANSWER-a person responsible for preserving the public peace, such as a police officer, a mayor, or a customs officer suspect - ANSWER-a person under investigation for participation in a crime