Exam 2: Legal Aspects of Investigation

The two major benefits derived from securing prior judicial approval for arrests are that the approval relieves the law enforcement officer of the burden of proving the legality of the arrest,and it provides for automatic approval of evidence to be used during the trial for the crime the person was arrested for.

A John Doe warrant is valid

Terry v.Ohio allows for the ________ of the outer clothing of a suspect for a weapon if the officer is concerned about his own safety.

What burden of proof is required to obtain a search warrant?

In 1969,the United States Supreme Court limited the scope of a search when it ruled in ________ that a warrantless search of the defendant's entire house,following his lawful arrest in the house on a burglary charge was unreasonable.

Explain how the laws of arrest and search and seizure flow from the Bill of Rights.

A search warrant is a written order,in the name of the judge,signed by a district attorney,exercising proper authority,and directing a law enforcement officer to search for specific property and bring it before the court.

The Hurtado v.California case attempted the process of the "shorthand doctrine" but instead,ratified the "fruit of the poisonous tree doctrine."

The most preferred method of affecting an arrest is under the authority of a warrant.

Which of the following is not an exception to the legal requirement of having a warrant to conduct a search and seizure?

In Minnesota v.Dickerson,why was the defendant not convicted?

Which Supreme Court case held that officers executing a search warrant of a house acted reasonably by detaining the occupants of the house in handcuffs during the search?

What are the benefits to a police officer and the case if an arrest is made under the authority of a warrant?

Circumventing the intent of Weeks v.U.S.,whereby federal officers received illegally obtained evidence from state officers and used it in federal court was referred to as

According to the courts,any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court.This is based on the

Explain the "fruits of the poisonous tree" doctrine.

Procedural law deals with processes of arrest,search and seizure,interrogations,confessions,admissibility of evidence and testifying in court and therefore changes less frequently than does substantive law.

What term is used to recognize that a warrantless entry by law enforcement officials may be legal when there is a compelling need for official action and no time to get a warrant?

Final ratification of the Constitution of the United States was delayed because some states wanted guarantees that individual liberties would be safeguarded from potential oppression by the newly formed government.These guarantees came in the form of the first ten Amendments to the Constitution known as the Bill of Rights.

Distinguish between the impacts of the Fifth and Fourteenth Amendments on defendants in criminal cases.