SEARCH & SEIZURE

4th Amendment

100

The standard by which all searches under the 4th Amendment are measured?

What is probable cause

200

The right of the people to be secure in their... (name the 4 following items) 

What is...persons, houses, papers, and effects.

300

...And no warrants shall issue, but upon probable cause, supported by...(name 2 items)

What is Oath or Affirmation.

Warrants

100

One of two people you must see out to obtain a warrant. 

Who is a Magistrate or Judge.

200

Items laid out in a warrant (what is being conveyed to the person considering the warrant). 

What is facts and circumstances

EXCEPTIONS

100

A brief, non-intrusive, police stop of a suspect (which is an exception of the warrant requirement and probable cause).

What is a stop and frisk. AKA Terry frisk. See Terry vs. Ohio.  

"The police officer must be able to point to SPECIFIC and ARTICULABLE facts...to warrant the intrusion." 

200

When doing a Terry frisk, like the plain view doctrine, this exception allows you to seize illegal items/contraband.

What is the plain feel doctrine.

300

How many warrant exceptions are there? 

What is 9

400

You pull over a vehicle and conduct a DUI investigation and arrest. You open the truck of the vehicle illegally and find several stolen firearms. The vehicle is towed and the subject taken to the station. The evidence illegally found is still admissible because of this exception.

What is the inevitable discovery exception. During the vehicle inventory, the stolen firearms would have been found anyway.

500

DOUBLE JEOPARDY!!

Name all the warrant exceptions.

Consent
Plain View
Incident to arrest
Exigency
Abandoned Property

Hot pursuit

Good faith

Mobile vehicle

Inventory

Random

100

Probable cause to do a search is determined by this...

What is the totality of circumstances.

200

In order to frisk a subject, what two things must be believed? 

That the subject is both ARMED and DANGEROUS

300

Who was the Officer involved in the landmark case of Terry vs. Ohio? 

Who is Officer McFadden. 

Rules Rules Rules

100

The rule in which evidence is seized illegally by a government agent is inadmissible in trial.

What is the exclusionary rule.

200

A rule that requires that all evidence that was obtained because of the illegally seized evidence is ALSO inadmissible at trial.

What is fruit of the poisonous tree.

300

In United States vs. Leon, this became the exception to the exclusionary rule.

What is the "good faith" exception .

400

If obtained by this, it allows evidence deemed fruit of the poisonous tree to be admissible in court. 

What is an independent source? 

500

 What rule did the Supreme Court establish that stands as another exception to the exclusionary rule?

What is the impeachment exception. (If a defendant takes the stand in criminal court and lies, the prosecution can admit illegally obtained and excluded evidence to "impeach" the defendant).