Warrants
Writ or order authorizing an officer to conduct a search of a place or to execute an arrest. It is based on a sworn statement by a law enforcement officer and is signed by a judge.
What is warrant
The right of people to be secure in their ______, _______, _____, and _________.
What is persons, places, houses, and effects
Miranda is based on a person's ____ Amendment right to not incriminate himself/herself.
What is the Fifth
Under this exception to the warrant requirement, officers can search a motor vehicle without a warrant.
What is the Automobile Exception
This is the level of suspicion required to conduct a stop and frisk search.
What is Reasonable Suspicion
All the facts known to the LEO when determining whether probable cause exists.
What is Totality of the Circumstances.
The Fourth Amendment only protects individuals from searches and seizures conducted by _____________ actors.
What is the Government
Police must only read the Miranda warnings when these two conditions apply.
What are (1) Custody and (2) Interrogation
These are the justifications for allowing an officer to conduct a search incident to arrest.
What are Officer safety & to prevent destruction of evidence
This is the level of certainty/suspicion required to issue a warrant.
What is Probable Cause
Rule that says when evidence is illegally obtained it cannot be used in court.
What is the Exclusionary Rule
The 4th Amendment protects against what kind of searches and seizures?
What is unreasonable?
A person is considered to be in custody when he is under arrest or when he does not feel "_____ ____ ______" (this three-word phrase).
What is "Free to leave"?
In this search, individuals give up their Fourth Amendment rights by giving an officer permission to search.
What is Consent
True or false: When conducting a stop and frisk search, officers can reach into the pockets of an individual even if they do not feel anything suspicious.
False
Sufficient facts or knowledge that would lead a reasonable person to believe that a person has probably committed a crime.
What is Probable Cause
For purposes of Miranda, courts look at two different types of questioning by officers to determine if they were interrogating the suspect. One is called "direct questioning" while the other is called this.
What is "Indirect Questioning"--Statements designed to elicit a response
In order to claim this exception to the warrant requirement, (1) officers must be lawfully present in the area and (2) the object's illegality must be immediately apparent.
What is the Plain View Exception
In this case, the court said stop and frisk searches do not violate the Fourth Amendment.
What is Terry v. Ohio
This type of warrant is based on an affidavit for a search warrant, which states that the search will occur only if certain events occur. Still requires probable cause.
What is an anticipatory search warrant?
What is the balancing test the court must apply to 4th Amendment cases? (Hint: What two interests are weighed against each other?)
What is individual's right to privacy and governmental interest (public safety)?
This exception allows officers to search the area immediately surrounding the individual after a lawful arrest.
What is the Search Incident to Arrest
The type of search LEO are NOT allowed to do under stop-and-frisk.
What is an exploratory search?