Show:
Miscellaneous
4th Amendment
School Searches
Exclusionary Rule
5th Amendment
100
How many Supreme Court Justices are there?
Nine
100
What is needed to obtain a warrant?
Probable Cause
100
Do students have a right to privacy in their lockers at school?
No
100
What is the exclusionary rule?
A rule that excludes illegally obtained evidence from being introduced against a defendant at trial.
100
What are the four Miranda Warnings?
Right to remain silent Anything you say can and will be used against you in the court of law You have the right to an attorney If you can not afford an attorney one will be provided for you
200
What is it called when a Justice agrees with the ruling but for different reasons?
Concurrence
200
If an individual's car is searched, what is the term that protects it under the Fourth Amendment?
Effects
200
What two factors are balanced under New Jersey v. T.L.O?
The student's legitimate expectation of privacy versus schools interest in protecting safety and maintaining order.
200
Under the fourth amendment, when would the exclusionary rule apply?
If the police illegally search a defendant's home, effects, etc. and find evidence that could be used against the defendant.
200
Being under formal arrest or having a restraint on movement to the point where you do not feel free to leave is called being in what?
Custody
300
What burden of proof must the Government prove in a criminal case?
Beyond a reasonable doubt.
300
What was decided in Riley v. California?
Police must obtain a warrant before searching a smartphone.
300
What are three factors used to determine if an individual is a school resource officer or a police officer?
Who pays him, uniform, ability to make arrests, who trained him, where he spends most of his time, where he clocks in and out, if he carries a gun/handcuffs, etc.
300
When does the exclusionary rule apply under the Fifth Amendment?
When an individual is subjected to a custodial arrest and has not been mirandized but makes a statement to the police.
300
What must a defendant do before speaking to police after the Miranda Warnings have been read?
Waive
400
What is the correct term for an individual, under the age of 18, who commits a crime?
Juvenile Delinquent
400
What are two ways in which the Police may search the trunk of a car?
With a warrant or consent
400
If a teacher sees a student smoking what the teacher believes to be marijuana in the bathroom can the Principal then search the students belongings?
Yes
400
If a police officer enters a home with a warrant and sees illegal contraband on the kitchen table, that was not listed in the warrant, can the police use this evidence?
Yes
400
To claim one of the rights under the Fifth Amendment, what must a defendant do?
Invoke
500
What is the Tinker Standard used in schools?
Looking at the reasonable risk of disruption
500
What is the definition of curtilage?
The immediate area of land around a home.
500
In the case of T.L.O. v. New Jersey, what did the court ultimately determine?
Only reasonable suspicion is needed to search a student while in school.
500
If an individual is arrested can the police search the individual and use any evidence found against him? Why?
Yes. Search Incident to Arrest.
500
What are three factors in determining whether an individual is in "custody?"
Location, duration of stop, number of officers present, voluntariness of the encounter, familiarity with surroundings, freedom to leave, officers' behavior, age of individual