Exam 8: Expounding the Constitution: Laws of Arrest, Search, and Seizure

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A police officer cannot add to the probable cause used to make the arrest after making the arrest.

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Explain how the Fourth Amendment protects citizens against the overzealous actions of the police.

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The Fourth Amendment protects citizens against the overzealous actions of the police by prohibiting unreasonable searches and seizures. This means that law enforcement officers must have a warrant based on probable cause in order to search a person's property or make an arrest. The warrant must be specific in describing the place to be searched and the items to be seized. Additionally, the amendment also requires that any warrant be supported by an oath or affirmation, and must be issued by a neutral and detached magistrate.

Furthermore, the Fourth Amendment also protects citizens by requiring that any evidence obtained through an illegal search or seizure be excluded from use in a criminal trial. This serves as a deterrent to police misconduct and helps ensure that citizens' rights are upheld.

Overall, the Fourth Amendment serves as a crucial safeguard against the overreach of police power and helps to maintain the privacy and security of citizens.

Which of the following must happen before a judge will issue a warrant?

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A police officer is walking her beat when she hears a woman scream for help from inside a house. The officer would have the right to search the home without obtaining a warrant. Which of the following terms describes this situation?

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What limitations did the U.S. Supreme Court establish with regard to warrantless searches incident to a lawful arrest in Chimel v. California (1969)?

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Probable cause is reasonable suspicion that a crime has been or is about to be committed by a specific person.

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In Arizona v. Gant (2009), the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.

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What was the critical finding in Weeks v. United States (1914)?

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The right to an attorney is guaranteed by which amendment?

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In Mapp v. Ohio (1961), the U.S. Supreme Court first coined the term exclusionary rule.

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Describe the "knock and announce" rule and how it applies to the police.

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Which U.S. Supreme Court case guarantees the right to counsel for all indigent persons charged with felonies?

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What does it mean when an officer swears in an affidavit?

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What is an exception to the Miranda requirement?

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What is another term for the process of showing a witness a group of several photos at once in a photo lineup?

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An officer suspects that Mary is selling drugs out of her apartment. When the officer knocks on the door, Mary's roommate answers the door, and the officer requests permission to search the apartment. In which of the following circumstances would the search be considered a violation of Mary's Fourth Amendment right protecting against unreasonable searches and seizures?

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The accused has a right to an attorney in each of the following scenarios EXCEPT ______.

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Why does the Fourth Amendment require that warrants be issued by a magistrate rather than a police officer?

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Probable cause is based on what the officer knew at what point in time?

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Who issues a search warrant?

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