Exam 7: Arrests, Searches Incident to Arrest, and Protective Sweeps

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Explain when and why law enforcement officers can search containers,and cite at least one court case pertaining to same.

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Law enforcement officers can search containers when they have probable cause to believe that the container contains evidence of a crime or contraband. They can also search containers if they have a valid search warrant issued by a judge. Additionally, law enforcement officers can conduct a search of a container if the owner of the container gives consent to the search.

One court case pertaining to the search of containers is California v. Acevedo (1991). In this case, the Supreme Court ruled that law enforcement officers can search containers found in a vehicle if they have probable cause to believe that the container contains contraband or evidence of a crime, even if they do not have a warrant specifically authorizing the search of the container. This ruling established the "automobile exception" to the Fourth Amendment's warrant requirement, allowing law enforcement officers to search containers in a vehicle based on probable cause.

Define the difference between a misdemeanor and a felony.What is meant by warrantless arrest authority?

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A misdemeanor is a less serious crime, typically punishable by a fine or a short jail sentence, while a felony is a more serious crime, punishable by a longer prison sentence or even the death penalty. The distinction between a misdemeanor and a felony is usually based on the severity of the crime and the potential punishment.

Warrantless arrest authority refers to the power of law enforcement officers to make an arrest without obtaining a warrant from a judge. This authority is typically granted in specific circumstances, such as when an officer witnesses a crime being committed or has probable cause to believe that a suspect has committed a crime. Warrantless arrest authority is intended to allow law enforcement to quickly apprehend individuals who pose a threat to public safety or are likely to flee before a warrant can be obtained.

Generally speaking,a search is said to be ___________ with an arrest if the search is at the same time that probable cause to arrest develops or is conducted shortly thereafter.

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contemporaneous

According to the courts,what is meant by excessive force used by a police officer? How have the courts defined when force used by the police is excessive?

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A police officer has informed a man seated at a desk in his home that he is under arrest.The desk top is cluttered and the desk has many drawers within easy reach of the arrestee.One drawer is locked.As incident to the arrest,the officer may search the man

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Define fresh pursuit and a hot pursuit.

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An officer has made an investigative stop based on reasonable suspicion.The officer has put the suspect in handcuffs in the back seat of the patrol car,but has not resolved her original suspicions.This would be considered a seizure _____________________.

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In general,the search of an arrestee's vehicle located a substantial distance from the doorstep of his home where he was arrested could not be justified as a search incident to arrest.

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The most significant personal advantage to an officer who makes an arrest with a valid warrant over making that arrest without a warrant is that

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?Which of the following is a true statement about searches of a companion of an arrested person?

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A formal arrest occurs when a person is

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In Chimel v.California,the Court ruled that an officer

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Define the elements of a formal arrest.Explain how the concept of tantamount to an arrest differs from a formal arrest.

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A police officer has arrested a man for unlawful possession of narcotics.The arrestee is carrying a suitcase.The officer removes the suitcase from the arrestee's possession and transports the arrestee and the suitcase to the police station.An hour later,after booking the arrestee

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For a search incident arrest to be constitutionally valid,the search must be contemporaneous to the arrest.This generally means:

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A(n)__________ is the routine practice of police departments of securing and recording the contents of a lawfully impounded vehicle.This is done to protect the vehicle owner's property while it remains in custody,and to protect the police from potential danger and from claims or disputes over lost or stolen property.

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In Tennessee v.Garner (1985),the Supreme Court decided that the common law fleeing felon rule violated the

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?Based on Chimel v.California,the key question in deciding whether or not a warrant is required to open a container seized incident to arrest of a person is:

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In ___________ the court ruled that forcibly pumping a suspect's stomach by the police was conduct that shocks the conscious,whereas,in ____________ the Court held that the practice of drawing blood from a person arrested for drunk driving by a physician in a hospital environment according to accepted medical practices,was constitutionally permissible.

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A police officer has made a custodial arrest of a person for a traffic offense.The officer may search the

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