4th Amendment Exceptions
4th Amendment
Exceptions: The Sequel
Exclusionary Rule and the Poisonous Tree
Hodge Podge
100
A police officer does not have to get a warrant if they can see, smell, or hear something that gives them probable cause that illegal activity is going on. Name the 4th Amendment exception.
What is plain view?
100
After pulling someone over on a routine traffic stop, an officer notices the driver is acting strange. His pupils are dilated and he isn't speaking coherently. The officer asks to search the vehicle and finds marijuana in the center console. Name the 4th Amendment exception.
What is motor vehicle?
100
Describe the exclusionary rule.
What is no illegally obtained evidence may be presented in court to convict a defendant whose 4th, 5th, or 6th Amendment rights have been violated?
100
The 5th Amendment guarantees you this right.
What is the right not to testify against yourself?
200
Police officers do not need a warrant to search your trash because of this 4th Amendment exception.
What is abandoned property?
200
Johnny sees a cop and starts running. The cop chases after him and finally catches him in a back alley. The cop asks why Johnny was running. Johnny does not reply. Without arresting him, the cop gives a quick pat down to search for weapons. Name the 4th Amendment exception.
What is terry stop (stop and frisk)?
200
Describe what happened in the Mapp v. Ohio situation.
What is police demanded entry into Mapp's home? She refused them entry unless they had a warrant. They came back later and broke down her door. When she asked to see a warrant, they showed her a blank sheet of paper. She had obscene objects in her posession. She was arrested and convicted but because of the illegal search, the Supreme Court reversed Ohio's decision.
200
The 6th Amendment guarantees you this right.
What is the right to have counsel?
300
The police may search without a warrant if the person "knowingly and willfully consents". Name the 4th Amendment exception.
What is consent?
300
Kaitlyn is arrested for being a minor in posession of alcohol. She has a purse with her and the cops dump out all it's contents. Name the 4th Amendment exception that applies. Then decide whether this search was legal.
What is incident to arrest? What is yes it was legal?
300
There are two exceptions to the exclusionary rule. Describe one of them.
What is if a criminal testifies in trial, illegally seized evidence can be used to challenge the testimony? What is if the police acted in good faith then the evidence can be used?
300
John has been arrested. The police read his Miranda Rights to him. Soon after, he waives his rights. Describe what he must have done to waive them.
What is he must have talked?
400
The government has the right to search you at borders, airports, and prison visitations. Name the 4th Amendment exception.
What is regulatory search?
400
Officers Harrison and Washington are chasing Sara on foot after she was caught shoplifting at No Frills. Sara quickly ducks into her house. Without a warrant, the officers follow her into her private residence. Name the 4th Amendment exception.
What is hot pursuit?
400
Name one pro and one con to the exclusionary rule.
What is hampers the fight against crime, helps too many escape conviction and makes no sense? What is affects very few and is necessary because of the Constitution?
400
The Supreme Court decision in New Jersey v. T.L.O. gave us 4 major findings. Describe three of these.
What is schools are government agencies? What is schools do not have to get search warrants? What is schools require reasonable suspicion not probable cause? What is one search can lead to another search?
500
Describe two of the three parts of the 4th Amendment.
What is you have the right to privacy in your home, person, car or effects? This is unless police officers have probable cause and receive a warrant that was granted by a judge. The warrant that a police officer receives must identify what is to be searched and who/what is to be seized.
500
Officer Johnson is patrolling his neighborhood when he hears screaming and a gun shot. He quickly runs to the house and breaks down the door. He does not have a warrant. Name the 4th Amendment exception.
What is exigent circumstances?
500
Explain the Fruit of the Poisonous Tree Doctrine.
What is if illegally obtained evidence leads police to new evidence, this new evidence may not be used in court against the person whose rights have been violated?
500
These are the four components of the Miranda Warnings.
What is the right to remain silent? What is everything you say can be used against you in court? What is you have the right to an attorney? What is if you cannot afford one a public defender will be appointed to you?
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