Exam 6: Police and the Constitution
List and explain the nine exceptions to the requirement for a search warrant.
Incident to lawful arrest - police officers may search the area within immediate control of a person after they have arrested him or her. Consent - police officers may search a person without a warrant if that person voluntarily agrees to be searched and has the legal authority to authorize the search. Stop and frisk - police officers may frisk a person if they suspect that the person may be involved in criminal activity or pose a danger to those in the immediate area. Hot pursuit - if police officers are in "hot pursuit" of a subject they have probable cause to believe committed a crime,and that person enters a building,the officers may search the building without a warrant. Automobile exception - if police officers have probable cause to believe that an automobile contains evidence of a crime,they may search the vehicle without a warrant. Plain view- if police officers are legally engaged in police work and happen to see evidence of a crime in "plain view" they may seize it without a search warrant. Abandoned property - any property that has been vacated or discarded may be searched and seized by police officers without a warrant. Border searches - law enforcement officers on border patrol do not need a warrant to search vehicles crossing the border. Inevitable discovery - evidence that has been illegally obtained may be admitted as evidence if the prosecutors can prove that it would have "inevitably" been found by lawful means.
A frisk can only be conducted to discover weapons.
True
The Miranda warning is designed to ensure a suspect's Fifth Amendment protection against self-incrimination.
True
Given the invasiveness of electronic surveillance,the Supreme Court has generally held that the practice is prohibited by _____________________.
An arrest is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge.
A pat-down or minimal search by police to discover weapons with the purpose of protecting the officer or other citizens,and not to find evidence of illegal substances for use in a trial,is referred to as a(n):
The Fourth Amendment contains a prohibition against ___________________ searches and seizures.
____________________ is reasonable grounds to believe the existence of facts warranting certain actions,such as the search or arrest of a person.
The _____________________ exception was created in the case Nix v.Williams (1984).
______________________ established that recorded conversations are inadmissible as evidence unless certain procedures are followed.
Under exigent circumstances law enforcement officers need not announce their presence during the execution of an arrest warrant.
The Fourth Amendment contains two critical legal concepts: a prohibition against unreasonable searches and seizures,and:
A(n)______________ occurs when police take into custody a person suspected of criminal activity.
The ____________________ Amendment guarantees protection against self-incrimination.
Arrest warrants are written orders,based on probable cause and issued by a:
A law enforcement officer on border patrol does not need a warrant to search vehicles crossing the border.This exception to the search warrant is referred to as:
The exclusionary rule prohibits the use of illegally seized evidence.
If a suspect indicates that they do not wish to be questioned by police,thereby refusing to waive their Miranda rights,the officers should:
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