Exam 6: Police and the Constitution

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Probable cause is required for a police officer toconduct a stop and frisk. ​

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False

For Miranda tobe required, a suspect must be in custody and also___________ ​

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D

What is the plain view doctrine and what are the criteria that officers must meet tomake a warrantless seizure under this doctrine? ​

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oThe plain view doctrine is the legal principle that states that objects in plain  view of a law enforcement agent whohas the right tobe in a position tohave  that view may be seized without a warrant and introduced as evidence. 
oThe item must be positioned soas tobe detected easily by an officer's sight or  some other sense.
oThe officer must be legally in a position tonotice the item in question.
oThe discovery of the item must be inadvertent meaning the officer had not  intended tofind the item.
oThe officer immediately recognizes the illegal nature of the item. Nointerrogation or further investigation is allowed under the plain view doctrine.

________are situations that require extralegal or exceptional actions by the police. ​

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What is the legal justification required tomake an arrest? ​

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A frisk can only be conducted todiscover weapons. ​

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An arrest is the taking intocustody of a citizen for the purpose of detaining him or her on a criminal charge. ​

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The Supreme Court has established that the does not require police toobtain a warrant tosearch automobiles or other movable vehicles when they have probable cause tobelieve that a vehicle contains contraband or evidence of criminal activity. ​

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Discuss the situations in which the Miranda warning is unnecessary. ​

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Information provided by an informant is not sufficient toestablish probable cause; rather, physical evidence must be present. ​

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The________Amendment guarantees protection against self-incrimination. ​

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The right tobe free from unreasonable search and seizure is contained within the Fifth Amendment tothe Constitution. ​

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A(n)____is a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property toobtain evidence. ​

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List and explain the four elements that are needed for a police officer tomake an arrest. ​

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The____Act allows for surveillance of a suspect without a warrant as long as the "primary purpose" of the surveillance was toinvestigate foreign spying and not toengage in criminal law enforcement. ​

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Most arrests are made without prior judicial approval in the form of a warrant because most arrests are the result of quick police reaction tothe commission of a crime. ​

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The purpose of a frisk is todiscover _________ ​

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A law enforcement officer needs reasonable suspicion or probable cause that a crime has taken place when using the "knock and talk" strategy. ​

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Todetermine whether a stop is based on reasonable suspicion, the court uses a___test. ​

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A pat-down or minimal search by police todiscover weapons with the purpose of protecting the officer or other citizens, and not tofind evidence of illegal substances for use in a trial, is referred toas a(n)________ ​

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