Exam 5: Criminal Procedure and the Police

Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety.

The right of police to search without a warrant items that are in "plain view" is another well-established exception to the warrant requirement.This exception was explained in the Supreme Court's 1971 decision in __________.The Court specified two conditions for a plain view search: (1)The police officer's presence where the plain view search is made must be lawful,and (2)the discovery must be inadvertent.That is,if police have probable cause before the search,they must obtain a warrant.

A ___________ refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.

The term ___________ refers to a situation in which a police officer has good reason to believe that criminal activity may be occurring;this permits a brief investigative inquiry of the suspect.

There are exceptions to the '__________' rule when circumstances indicate a threat of physical violence or reason to believe that evidence will be destroyed if advance notice is given.

A __________ is limited to a search for weapons that may pose an immediate threat to the officer's safety.

A 'search' is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.

A rule stating that evidence seized with a defective warrant,not based on probable cause,is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge is called a(n)__________.

The case that established the authority of police to conduct a warrantless search in a lawful arrest was __________.Police officers went to the defendant's home with a warrant to arrest him for the burglary of a coin shop.The defendant was not home,but his wife allowed the police to enter and wait for his return.When the defendant arrived,the police showed him the warrant,placing him under arrest,and proceeded to search the house.They found the coins that he was suspected of stealing and used them as evidence to convict him of burglary.On appeal,the U.S.Supreme Court overturned the conviction on the ground that the search of the defendant's entire house was unreasonable under the Fourth Amendment.

Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement,reflecting continuing conflict in the balance to be struck among the interests of government.

A five-point warning derived from a case in Arizona.Its purpose is to provide fair notice to crime suspects of their basic constitutional rights.

The term 'reasonable suspicion' refers to a situation in which a police officer has good reason to believe that criminal activity may be occurring;this permits a brief investigative inquiry of the suspect.

The __________ states that police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.

What protections are provided by the Fourth Amendment to the Constitution?

Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.

The __________ means that police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.

A __________ is a patting down of the outer clothing of a suspect based on reasonable suspicion,designed to protect a police officer from attack with a weapon while an inquiry is made.

The Court concluded that cases must be decided on the basis of their own facts;generally,however,police officers who observe unusual conduct that leads them to conclude that criminal activity may be involved and that the persons may be armed and dangerous are entitled to conduct "a carefully limited search of the outer clothing of such persons in an attempt to discover weapons" that might be used to assault them.Such a frisk was held to be reasonable under the __________,and any weapons seized may be introduced in evidence.

Studies by Paul Cassell in the 1990s concluded that thousands of cases had not been prosecuted because suspects did not make statements after being given the Miranda warning.Do you think that this is still the issue today? Why or why not?

A legal principle that holds that illegally seized evidence must be excluded from use in trials is called a(n)__________.