Exam 8: Conducting Constitutional Seizures

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List the elements of a seizure.

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The elements of a seizure are
(1) intending to seize an object, including a person;
(2) exercising authority to do so;
(3) physically controlling the object; and
(4) the understanding of what is happening such that a reasonable person would not feel free to leave.

A stop is quite different from an arrest, but both are _______ regulated by the Fourth Amendment.

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seizures

The decision in Terry v. Ohio permits officers to take all necessary measures to protect themselves, without turning a stop into an arrest.

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Most state laws define an arrest, in general terms, as the taking of a person into custody, in the manner authorized by law, to present that person before a magistrate to answer for committing a crime.

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The term "detention" is often used in place of the term "stop," but they are the same thing; they both refer to a seizure that must be justified by _______________________.

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The term "__________________" explains the circumstances in which officers leave their jurisdiction and enter another to arrest a felon who committed the felony in the officers' jurisdiction and then fled across jurisdictional lines.

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Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of:

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Explain the circumstances under which an arrest may be made.

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Foreign diplomats (including ambassadors, ministers, their assistants, and attachés), their families, and their servants have complete ___________from arrest in the United States.

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Which of the following is not one of the five legitimate uses of force, often referred to as the "Rules of Engagement"?

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In the case of ____________________, the Supreme Court allowed the border patrol to set up permanent checkpoints on public highways leading to or away from the Mexican border, ruling that these checkpoints are not a violation of the Fourth Amendment.

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Which test provides that a seizure involves not only a police intention to seize, it includes the objective aspect in which a reasonable person believes that they are not free to terminate the encounter and leave?

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The Supreme Court has ruled in past cases that, during a traffic stop, telling the driver to exit a stopped vehicle, having a canine "sniff" the exterior of a car for the presence of drugs, and asking a few off-topic questions are all reasonable actions and do not require additional reasonable suspicion to perform.

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The cases of Brower, Hodari, and Mendenhall set the number of elements for any seizure at __________.

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Use-of-force situations are fluid, and the amount of force that is considered reasonable will likely change throughout an encounter.

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The Court has held that a state highway checkpoint, at which every vehicle is stopped and the driver's sobriety checked, violates the Fourth Amendment when no individualized suspicion exists.

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Police may not enter a private home without the appropriate warrant to make a routine felony arrest unless______________________________ exist.

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A lawful arrest can be made by an officer for any crime committed in his or her presence, for any felony, if the officer has probable cause and a(n) ______________.

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United States v. Santana (1976) established that a hot pursuit does not justify forcible entry into an offender's home without a warrant.

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A study by Police One magazine found that the most commonly used less-than-lethal weapon is:

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