Exam 11: Developing Law of Search and Seizure

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When are the police allowed to search people when executing a search warrant?

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C

Officer Jones obtained a confession in violation of Miranda . In the confession, the suspect indicated he had hidden the stolen diamonds in the park in a soft drink can. A city park ranger found the diamonds before the police had a chance to recover them. The diamonds will be admissible at trial based on:

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In which of the following situations are police required to comply with knock-and-announce?

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Facts used to support probable cause for a search warrant:

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The Fourth Amendment mandates that police officers have probable cause in order to make an arrest.

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Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. Did Officer Allen conduct a search when he went to the store and looked at items in the display case?

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If officers legally obtain a search warrant but fail to follow proper knock-and-announce procedures:

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The Fruit of the Poison Tree Doctrine:

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Anonymous information cannot be used to obtain a warrant.

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Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the fact that Officer Allen entered the apartment without knocking result in everything that was seized being excluded from evidence at trial?

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List five exceptions to the Exclusionary Rule and explain why the Supreme Court created them.

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Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. If Brian's attorney successfully establishes that Judge Crawford did not fill out the warrant properly, which exception to the Exclusionary Rule is the prosecutor most likely to argue applies?

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The Public Safety Exception to the Exclusionary Rule makes evidence admissible anytime the police conduct a search with the intent to protect the public's safety.

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The "totality of the circumstances test" established in Illinois v. Gates :

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The facts presented to a judge to support issuing a search warrant should be very detailed because:

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A "protective sweep" allows an officer to:

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Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the illegal assault rifle be admissible because it was found during a protective sweep?

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Describe the history of the Exclusionary Rule in the United States Supreme Court.

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Officers are exempt from the knock-and-announce procedure if they are executing a valid warrant in a commercial building.

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The Fourth Amendment only applies to the issuing of search and arrest warrants.

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