Constitutional Amendments
This Constitutional Amendment protects individuals against unreasonable searches and seizures?
What is the 4th Amendment?
This unanimous US Supreme Court case held the government needs a warrant to access the content of an individuals cell phone?
What is Riley v. California
Under this doctrine, police can seize evidence without a warrant if they are somewhere they are otherwise legally entitled to be, and the criminal nature of teh item is readily apparent.
What is the Plain View Doctrine?
A preliminary hearing is held to determine if this exists.
What is Probable Cause?
Any search or seizure conducted outside of the warrant requirement of the 4th Amendment
What is per se unreasonable?
A person when convicted of this can be sentenced to jail for one year or less.
What is a misdemeanor?
A warrantless arrest can be made for a misdemeanor when this happens?
What is when it occurs in the presence of a law enforcement officer?
An Amendment to the Bill of Rights preventing excessive bail?
What is the 8th Amendment?
This Supreme Court case ruled that police may stop and pat down individuals if they have reasonable suspicion that the person is involved in criminal activity and is armed.
What is Terry v. Ohio?
An officer who otherwise believes they are conducting themselves lawfully would not risk suppression of evidence under this court created exception to the exclusionary rule.
What is the Good Faith Exception
This colloquial term is used to describe a brief detention and pat down search when the what level of culpability exists
What is a Terry Stop & Reasonable Suspicion?
Under the 4th Amendment no warrants shall issue unless the government has this?
What is probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
The outside limit for someone arrested to appear before a judge was established in this US Supreme Court Case?
What is 48 hours and County of Riverside v. McLaughlin
When obtain without duress this serves as an exception to the 4th A warrant requirement, and is often granted, even by individuals who are hiding contraband
What is consent
When it comes to REASONABLE SEARCHES this amendment to the Bill of Rights prohibits them
*Trick Question
What is none
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This US Supreme Court case determined that the State must turn over all exculpatory evidence they are aware of to a Defendant in a criminal case?
What is Brady v. Maryland?
The warrantless search of a vehicle is allowed if the LEO has probable cause to believe evidence of a crime was present.
What is the Automobile Exception?
As opposed to criminal law, the subject matter prescribes rules for the government to follow when investigating & prosecuting crimes.
What is criminal procedure
The rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, & punished?
What is Criminal Procedure?
After proving they are financially unable to hire an attorney, defendants are provided this type of legal representation.
What is a public defender?
A search which has been found by the US Supreme Court tube reasonable, and therefore is not subject to the 4th A warrant requirement
What is a special needs search
The concept of Federalism involves this concept and is undertaken through this constitutional amendment applying the equal protection clause to the individual states
What is state sovereignty and the 14th Amendment?
In Katz v. US, the Supreme Court found the following must exist before 4th A protection is afforded to an individual
What is a subjective expectation of privacy (by an individual) and an objective expectation of privacy (society is willing to recognize)
This doctrine allows for evidence to be admitted into court even if obtained unlawfully if it would have been discovered anyway?
What is the Inevitable discovery doctrine?
During this initial court proceeding, the accused is formally informed of the charges, advised of their rights, and asked to enter a plea, marking the official start of the criminal prosecution process.
What is an arraignment?
This court created doctrine excludes evidence otherwise obtained through illegal searches and seizures from being used in court?
What is the Exclusionary Rule?
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Who is Rick Tast
What a law enforcement officer needs to search something afforded 4th A protection under the Katz two part test
What is warrant or an exception
An individual who is subject to this must be read their Miranda Rights warning them against this?
What is custodial interrogation & self-incrimination.
This doctrine of this US Supreme Court case held law enforcement does not need a warrant when they have probable cause evidence of a crime will be found in a motor vehicle
What is the automobile exception found in Carroll v. United States
This administrative search is conducted without discretion, and deemed to be a reasonable search falling outside of the 4th A warrant requirement.
What is an Inventory Search?
This "bright-line rule" under the Sixth Amendment prohibits law enforcement from initiating further questioning after a defendant invokes their right, rights under Miranda v. Arizona.
What is the 6th Amendment or the right to counsel?
An out of court statement used to prove the truth of theater of asserted cannot be used in that is not in court as testimony but can be allowed for officers to establish probable cause.
What is Hearsay?
The area around an individuals home afforded more 4th A protection than an open field.
What is curtilage?
This US Supreme Court case ruled it was a reasonable search of a person incident to their arrest.
What is Chimel v. California?