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Introduction/Sources of Criminal Procedure
Search and Seizure
Terry Stop/Frisk
Probable Cause and Arrest
Search/Seizure of Property
100
This type of Supreme Court decision requires at least five justices and establishes a precedent
What is a majority opinion
100
The 4th Amendment specifically states that individuals have a right to be secure in their __________________, ___________________, __________________, and ______________ against unreasonable searches and seizures.
What is persons, houses, papers, and effects
100
This standard must be met for a valid Terry Stop
What is reasonable suspicion
100
For an arrest to be made, there must be ____________ that a crime has been committed and the person being arrested committed the crime
What is probable cause
100
A search incident to arrest is required to be ____________ to the arrest
What is contemporaneous
200
This type of law criminalizes an act that was legal when it was committed
What is an ex post facto law
200
These two tests are used to determine if the 4th Amendment applies
What is property/trespassory approach and expectation of privacy approach
200
This is the purpose behind allowing an officer to frisk an individual under reasonable suspicion
What is officer safety
200
An arrest warrant is required to effect an arrest in the home absent ______________
What are exigent circumstances
200
Before a search warrant can be issued it must be supported by this standard
What is probable cause
300
A legislative act that punishes a specific individual without a trial is called a
What is a bill of attainder
300
For the plain view exception the office rmust be _______________ and it must be _____________ that the object is evidence of criminal activity
What is legally situated and immediately apparent
300
Stop/frisk is covered by what amendment to the U.S. Constitution
What is the 4th amendment
300
In Illinois v Gates, the Supreme Court indicated that veracity and basis of knowledge are just two factors in determining whether an informants tip can establish probable cause under this test
What is the Totality of the Circumstances Test
300
This occurs when a police officer reasonably but mistakenly believes that a person has common authority over a premises
What is apparent authority
400
This amendment to the U.S. Constitution requires the government to provide an attorney for an indigent individual
What is the 6th amendment
400
This area of private property is protected by the 4th amendment except for by aerial surveillance
What is the curtilage
400
These are three of the ways that a reasonable suspicion stop differs from an arrest
What is place, length of detention, documentation of the stop, criminal consequences, and searches
400
_________________, _____________________, _________________, and ____________________ are all exigent circumstances which allow the police to arrest an individual in the home without an arrest warrant
What is hot pursuit, public safety, destruction of evidence, and flight
400
This exception to the Fourth Amendment permits police officers to conduct warrantless searches of cars/trucks/motorcycles where there is probable cause to believe that the vehicle contains contraband or evidence related to criminal activity
What is the automobile exception to the Fourth Amendment
500
This number of Supreme Court justices must agree to hear a case before a writ of certiorari will be granted
What is four
500
When you place your trash at the curb, it is considered _______________ property and is not protected by the 4th amendment
What is abandoned property
500
Under this doctrine, "if a police officer lawfully pats down a suspects outer clothing and feels an object whose contour or mass makes its identity immediately apparent" it may be seized
What is the plain feel doctrine
500
The __________________________ test includes a veracity prong and a basis of knowledge prong, both of which must be met before an informants tip can establish probable cause
What is Aguilar/Spinelli Test
500
This type of warrantless search is conducted when the police record all of the possessions and clothes that are with an arrestee at the time he or she is detained and includes objects inside an automobile that is impounded
What is an inventory search