Show:
Warrants
Fourth Amendment
Miranda Warnings
Exceptions to the Warrant Requirement
Terry Stop & Reasonable Suspicion
100

Rule that says when evidence is illegally obtained it cannot be used in court.

Exclusionary Rule

100

The right of people to be secure in their ______, _______, _____, and _________.

What is persons, places, houses, and effects

100

Miranda is based on a person's ____ Amendment right to not incriminate himself/herself. 

Fifth 

100

Under this exception to the warrant requirement, officers can search a motor vehicle without a warrant.

Automobile Exception

100

This is the level of suspicion required to conduct a stop and frisk search.

Reasonable supsicion

200

All the facts known to the LEO when determining whether probable cause exists.

What is Totality of the Circumstances.

200

The Fourth Amendment only protects individuals from searches and seizures conducted by _____________ actors.

Government

200
Police must only read the Miranda warnings when these two conditions apply.
(1) Custody and (2) Interrogation
200
This is the justification for allowing an officer to conduct a search incident to arrest.
Officer safety/prevent destruction of evidence
200

This is the level of certainty/suspicion required to issue a warrant.

Probable Cause

300

Writ or order authorizing an officer to conduct a search of a place or to execute an arrest. It is based on a sworn statement by a law enforcement officer and is signed by a judge.

What is warrant

300

The 4th Amendment protects against what kind of searches and seizures?

What is unreasonable?

300
A person is considered to be in custody when he is under arrest or when he does not feel "_____ ____ ______" (this three-word phrase).
Free to leave
300
In this search, individuals give up their Fourth Amendment rights by giving an officer permission to search.
Consent
300
True or false: When conducting a stop and frisk search, officers can reach into the pockets of an individual even if they do not feel anything suspicious.
False
400
If police find incriminating evidence for an arrest, but they do so illegally, a defendant may file this type of motion.
Motion to suppress
400

Sufficient facts or knowledge that would lead a reasonable person to believe that a person has probably committed a crime.

What is Probable Cause

400

For purposes of Miranda, courts look at two different types of questioning by officers to determine if they were interrogating the suspect. One is called "direct questioning" while the other is called this.

Indirect Questioning--Statements designed to elicit a response 

400

In order to claim this exception to the warrant requirement, (1) officers must be lawfully present in the area and (2) the object's illegality must be immediately apparent.

Plain View Exception 

400
In this case, the court said stop and frisk searches do not violate the Fourth Amendment.
Terry v. Ohio
500

This type of warrant is based on an affidavit for a search warrant, which states that the search will occur only if certain events occur. Still requires probable cause.

What is an anticipatory search warrant?

500

What is the balancing test the court must apply to 4th Amendment cases?  (Hint: What two interests are weighed against each other?)

What is individual's right to privacy and governmental interest (public safety)?

500
List two of the four Miranda Warnings.
(1) Right to remain silent (2) Anything you do or say can be used against you (3) Right to an attorney (4) If you cannot afford an attorney, one will be appointed for you
500

This exception allows officers to search the area immediately surrounding the individual after a lawful arrest.

Search Incident to Arrest 

500

The type of search LEO are NOT allowed to do under stop-and-frisk.

What is an exploratory search?