A
Is the following statement true or false? Whenever a citizen in the City of Atlanta consents to be searched, the Consent to Search Form shall be completed prior to conducting the search.
True.
______ is when we (the police) plant the idea and intent to commit the crime in the suspect's mind. We must not do that, the suspect must have a _______ to commit the crime.
Entrapment; predisposition
An inventory is conducted for the protection of the_____, _____, and ______.
Owners vehicle and property while it remained in police custody, police against claims or disputes over lost or stolen property, and police and others from potential danger.
Define Interrogation.
Anything or any conduct which is reasonably likely to elicit a response from the accused.
Traffic stops should be based upon: (2 answers)
What is probable cause or reasonable suspicion.
The four things the officer must be considered when given consent to search an automobile. (4 rules for consent searches)
What is voluntariness, apparent authority to consent, no trickery, and understanding the right/opportunity to refuse.
The Sixth Amendment affords these rights to the accused during criminal prosecutions. Name 4 of the 7 provisions.
What is speedy and public trial, impartial jury, venue, informed of charges, confront witnesses, witnesses in his favor, assistance of counsel.
Name the three components of the Carroll Rule.
What is vehicle in motion, probable cause to believe the vehicle contains contraband, and stop and look inside the vehicle from the outside.
The Sixth Amendment right to counsel is_______ _______.
offense specific
An ____ _____ plus "_______" may be enough to justify a stop .
What is anonymous tip; verification
Name the nine ways to enter an automobile legally.
What is warrant, consent, exigent circumstances, abandonment, border searches, armed vehicles, search incident to a lawful arrest, inventory, and probable cause to believe the vehicle contains contraband.
The Fifth Amendment names five provisions for the accused. Name 3 of the 5 provisions.
What is grand jury, double jeopardy, cannot be compelled to be a witness against oneself, due process of law, and eminent domain.
The passenger compartment of a vehicle may only be searched as incident to a lawful arrest of the driver or a recent occupant if:
The arrestee is within reaching distance of the passenger compartment at the time of the search and it is reasonable to believe the vehicle contains evidence of the offense of arrest
Miranda warnings should be read from these two sources, instead of being memorized and recited.
Miranda card or the defendant waiver of rights form.
If you arrest a suspect and do not wish to question him regarding the crime or other accomplices are you required to read the Miranda Rights? Why or why not?
No; If you do not want to interrogate the arrestee and have established probable cause for the arresting charge, you do not need to read the Miranda Rights.
The Reasonable Expectation of Privacy is lost when an item is _______.
Abandoned.
What are the two exceptions to the Miranda requirement.
Public safety exception and biographical questions
___________ is the key that determines is a vehicle can be stopped based on an anonymous tip.
Verfication
When does Miranda apply?
When the suspect is in custody and being interrogated.
Name the three admissibility requirements of a confession as mentioned in class.
Voluntary/Voluntariness
No hope of benefit
No fear of injury
Complete this formula: R.A.S. Vehicle A & D=
What is frisk of passenger compartment.
One or both of these factors must exist in order to interrogate a suspect that has already been given miranda warnings and requested a lawyer.
The suspect has counsel with him at the time of questioning and/or the accused initiates a conversation or contact with law enforcement officers.
Definition of curtilage.
What is any land or building immediately adjacent to a dwelling usually enclosed by a fence or shrubs. Includes any out-buildings directly and intimately connected with the habitation.
Name the three types of identification procedures mentioned in class.
Photographic line-up, physical line-ups, and one man show ups
When determining the reliability of identifications. the totality of circumstances is based on three areas. What are the three areas?
suggestiveness
necessary
reliability