Exam 14: Obtaining Physical and Other Evidence
Discuss the exceptions to the Fourth Amendment's search warrant requirement recognized by the Supreme Court.
The first exception is in order to protect officers and others, the second exception is to prevent escape of a person in custody, and the third exception is to prevent the destruction of evidence.In order for these exceptions to stand later in court there must exist the following requirements for the exceptions, there must be lawful, custodial arrest, and/or a search must be made at the time and place of arrest or at later time, and lastly, and search, if made, can be made only of the area of the arrestee's immediate presence.
Explain the concept of community caretaking.What impact does this have on obtaining evidence of criminal conduct?
A community caretaking function is a task or job that has to be done or that should be done in the best interests of the community.The officer is not looking for evidence of a crime but, while he is performing the community caretaking function, comes upon evidence of a crime..For example, an accident blocks traffic lanes on a busy street.To open the street to traffic, an officer gets into one of the cars and moves it to the curb.While in the vehicle, the officer sees contraband.This can be considered under "plain view" as the officer would have a legal right to be in the place not normally considered open to the public.
The Fourth Amendment only prohibits ____________ searches and seizures.
A
Brief investigative detentions based on reasonable suspicion are referred to as _____________ stops.
An anonymous phone call alone cannot create reasonable suspicion or probable cause.
Depending on the location of the evidence or the circumstances under which it is obtained, limitations apply to the _________of physical evidence obtained by the police.
Inventory searches are ___________-type searches, not searches for incriminating evidence or weapons.
___________suspicion is therefore more than a hunch, a gut reaction, or mere suspicion.
Reasonable suspicion of drug trafficking is all that is needed for officers to make arrests.
The automobile exception has a ________ right of privacy from homes.
That quantum (amount) of evidence known as reasonable ________is needed to authorize an investigative detention,
In Thornton v.U.S.(2004), the Supreme Court expanded the authority of officers to search vehicles incident to a lawful arrest.
Is a motorist who is stopped by the police for a traffic violation, under normal circumstances, considered being in 'custody'? Why or why not?
Law officers cannot focus on a specific neighbourhood only because of its _______ makeup.
In Brigham City v.Stuart, the Supreme Court held that police, while not an emergency, could enter a residence to arrest occupants.
In the year _____ the Supreme Court in Carroll v.U.S.first recognized the automobile exception to the warrant clause.
Under the Fourth Amendment, when executing a search warrant, police are authorized to use reasonable force if necessary to detain the occupants while the search is going on.
The 1925 case of Carroll v.U.S.dealt with the ______________ exception.
Under Michigan v._____________, the U.S.Supreme Court authorized detention of the occupants of a place while a valid search warrant was being executed.
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