Search and Seizure
This is the area of grounds attached to a house.
What is curtilage
This is a reasonable belief , based on fact that a crime has been committed and the person, place or object to be searched and/or seized is linked to the crime with a reasonable degree of certainty
What is Probable Cause or P.C
If while at a call for domestic violence and you observe a bag of what you believe to be cocaine on the kitchen counter, you may seize it as evidence under this doctrine
What is Plain view Doctrine
Stop and Frisk
What is Terry v. Ohio
A suspect who is arrested out of a car may be searched along with this area of the car.
What is The area within the suspects immediate control
An Arrest is a seizure under the Fourth Amendment
True of False
What is true
You must have this kind of Judge or Magistrate as part of the three requirements to secure a search warrant
What is a Neutral Judge
An officer stops Mr. Smith for speeding, issues a warning and ask permission to search his car for anything illegal. Mr. Smith allows the search, this is referred to as what type of search
What is Consent search
Automobiles can be searched without a warrant, so long as there is Probable Cause to search.
What is Carroll v. united States
While transporting an individual you've arrested for robbery to HQ (Headquarters) he screams out, "I'm so stupid for robbing that place!" This is an example of a what
Spontaneous Utterance
This is an order issued by a judge, directing officers to conduct a search of a specified premises for specified objects.
What is a search warrant
These are the two key situations which warrants ARE required
What is searches in private homes or on specific types of private property
Arrest for minor offenses occurring out of view of arresting officer
Mr. Franklin is stopped for a traffic violation and arrested for an outstanding warrant. He is the sole occupant of the vehicle, therefore this type of warrantless search is allowed.
What is search incident to arrest
Requiring warrants to "tap" phones and other electronic surveillance.
What is Katz v. United States
The principle that prohibits using illegally obtained evidence in trial
What is the exclusionary rule
An order issued by a judge, directing officers to arrest a particular individual.
What is Arrest Warrant
The FIRST step when serving a search warrant is to do this
What is knock and announce
While on patrol you approach a subject in an alleyway where there have been several shootings recently. You stop and pat the subject down for weapons, this is what type of warrantless search?
What is Stop and Frisk
Requiring police officers to advise people who are BOTH in custody AND being interrogated of their constitutional right not to incriminate themselves
What is Miranda v. Arizona
The principal that can be used in court even though the info that led to it's discovery was obtained in violation of the Miranda rule if it would have been discovered anyway.
What is inevitable discovery rule
Listing exactly what you will be searching for in a search warrant is referred to as this
What is particularity.
When requesting a search warrant for a known dangerous violent offender who possess firearms, you may request this type of warrant.
What is a NO KNOCK warrant
A 2 year old has been kidnapped and you have a suspect whose phone you want to track, ordinarily you would need a search warrant, however, you don't in this instance due to this (type of emergency)
What is Exigent circumstances
You are a police officer on patrol, you stop a car for speeding and as you approach the driver side window, you see what you believe to be cocaine in a clear plastic baggie. You may legally search the car without a warrant due to this landmark court case
What is Carroll v. United States
DAILY DOUBLE!!!!!
The principal that evidence may be used in a criminal trial even though the search warrant used to obtain it was technically faulty, but not intentional