Exam 5: Criminal Procedure and the Police

After an arrest and search have been carried out,the police have the authority to interrogate the arrested person.Interrogations are not specifically mentioned in the Constitution,but the limits of official interrogations are implied in the __________ Amendment.

What is the difference between a 'search' and a 'seizure'? How are they connected?

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

The case that established the legal authority and limits for a "stop and frisk" was __________.The case involved a Cleveland police officer who had been a plainclothes detective for thirty-five years and had patrolled a certain section of the downtown area for shoplifters and pickpockets for nearly thirty years.

The Fifth Amendment provides for __________.

The 'Miranda warning' is a five-point warning derived from the case of Miranda v.Arizona.Its purpose is to provide fair notice to crime suspects of their basic constitutional rights.

The landmark case that applied the provisions of the Fourth Amendment to searches was decided in __________.

A __________is an exploratory inspection of a person or property based on probable cause of law violation.

A situation in which a police officer has good reason to believe that criminal activity may be occurring is called a(n)__________.This permits a brief investigative inquiry of the suspect.

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

Law enforcement officials initially criticized Miranda v.Arizona for limiting their ability to obtain evidence through interrogation.Many believed that officers would no longer be able to conduct interrogations of suspects without lawyers present,and that suspects who understood that they had the right to remain silent would always invoke this right and refuse to talk to the police.

The 'exclusionary rule' holds that illegally seized evidence must be excluded from trials.Searches conducted without probable cause (or without a warrant where one is required)are illegal.

The 'public safety exception' is 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.

The term ____________ refers to the confiscation of property occurring when there is some meaningful interference with the individual's possession of property.

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

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 Coolidge v.New Hampshire.The Court specified the following condition(s)for a plain view search:

__________ play a central role in criminal procedure because they are the gatekeepers of the criminal justice system.

The __________ to the Constitution includes protection against self-incrimination.

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.

A __________ is an exploratory inspection of a person or property based on probable cause of law violation.