Fourth Amendment Vocabulary
body of law dealing with the private rights of individuals, as distinguished from criminal law
What is Civil Law
A diabetic who was essentially stopped and arrested after police thought something was wrong when he left a convenience store abruptly. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice.
What is Graham v Connor?
Differs from arrests in that they occur in public places and are shorter in duration
What is Stop
The case that established the standards for a pat-down.
What is Terry v Ohio?
At a DWI checkpoint, Officer asked a number of questions of a driver without giving Miranda warnings and the driver gave incriminating responses prior to arrest. The court ruled this about the admissibilty of the statements.
Miranda was not required prior to arrest
The level of proof necessary to briefly stop someone
What is resonable suspicion
Police entered and searched a residence after they observed a greenhouse from a helicopter. They found narcotics and weapons and arrested the defendant about an hour later. The court held the search violated the defendants rights because of this.
A protective sweep needed to be conducted along with the arrest.
An official takes a person into custody and holds him from anywhere between a few hours to a few days to answer for a criminal charge
What is an Arrest
A “frisk” or feeling of the outer clothing of an individual is done for the purpose of finding these.
What are weapons?
The case that ruled police cannot shoot a fleeing suspect if he poses no imminent danger.
What is Tennessee v Garner?
Sufficient reason, based on existing facts that a crime has been committed or that property is evidence of a crime - a required element for a legal search and seizure
What is Probable cause
Which of the following would NOT justify an emergency search? a. Belief of danger to community safety b. Inconvenient location to wait with suspect for a warrant c. Potential of suspect destroying evidence d. Belief of danger to officers
What is b inconvenient location to wait with suspect for a warrant.
Of the following it is NOT necessary to obtain an arrest warrant - a neutral magistrate, an affidavit, name of person, criminal history.
What is criminal history
Powerful investigative tools that police use to gather evidence against suspects and the Supreme Court has decided do not violate the Fourth Amendment but New Mexico does not allow.
What is pretextual stop?
For juveniles, Miranda should be read at this point.
What is at the time the person is subjected to questioning or being detained for investigation?
a document approved by a judge authorizing a law enforcement official to search between 10 pm and 6 pm
What is authoriztion for nighttime execution of a Warrant
In an area known for drug trafficking an officer sees two male subjects were standing in an alley who walk away as he drives up. The officer said he felt they “looked suspicious.” The court said what about reasonable suspicion to detain?
There was not reasonable supsicion and the person was free to leave.
The amount of time a person can be legally detained.
What is a reasonable period of time.
For reasonable suspicion to be established gang membership, standing alone, is this.
What is not enough to support reasonable suspicion.
According to New York v. Quarles, a person accused of raping a woman while armed with a gun who was asked “where’s the gun?” when apprehended and replies can rely on the court deciding this.
What is the statement and its fruit are admissible?
When an officer wants a person stopped to so he can get his information to invesitgate drug allegations and gets the person stopped for a traffic violation
What is pretext?
A 16 year old juvenile was questioned by police about a murder and stolen vehicle. Defendant waived Miranda and asked his mother to leave while being questioned. The court said this about the admissibilty of the confession.
As long as the waiver was knowingly, intelligently and voluntarily entered into it is admissible.
Officers must obtain it voluntarily but need not warn of the right to refuse
What is consent
Illegally seized evidence shall be excluded in court
What is the exclsuionary rule?
Deputies investigating shoplifting at a mobile home are told “there was meth lab active in the house”. The court said this about the ability to enter the home at that point.
The deputies were justified in entering the mobile home.