Search and Seizure
This amendment requires that a search and seizure be done with probable cause and a warrant.
What is the 4th Amendment
This is defined as a reasonable belief, based on fact that a crime has been committed and the person, place, or object to be searched and or /seized is linked to the crime with a reasonable degree of certainty
What is Probable cause or P.C
Obtaining phone records and tracking a live phone after a person has been kidnapped is an example of what exception to the Fourth amendment
What is exigent circumstances
This monumental court case allows officers to "stop and frisk" a person if the officer has reasonable suspicion that the person may have a weapon.
Hint: Also commonly referred to as a Terry stop
What is Terry v Ohio
It takes this many jurors to find a suspect guilty or not guilty
What is 12
Trash at the end of a persons driveway is an example of this
What is abandoned property
Term used to specifically name the items or person to be seized with the warrant
What is particularity
You are called to a minor offense such as loud music at a residence and upon speaking with the owner you observe what appears to be drugs on the kitchen table. You seize the items without a warrant, this is an example of what?
What is Plain View Doctrine
Plea bargains
The amendment to the constitution which states a person does not have to testify or incriminate themselves
What is the Fiz-ith!
This occurs when a police officer takes a person into custody depriving them of freedom for having allegedly committed a crime
What is an arrest
True or False- You are mandated by law to arrest a person or search a premises if a warrant was issued for a person or place by a judge
What is True
If you ask a persons permission to search their vehicle or their house you are asking for this
What is consent
A suspect's photo, fingerprints, charges and information are recorded during which process?
What is Booking
This is the rule which states all evidence obtained by illegal searches is inadmissible in criminal trials
What is the Exclusionary Rule
An order issued by a judge, directing officers to conduct a search of specified premises for specified objects
What is a search warrant
DAILY DOUBLE!!!!!!!!!!!
If a warrant was issued to search a residence and the person has no history of violence, this is the first step officers take when serving the warrant.
What is knock and announce
A search warrant issued for a residence where an individual with a violent criminal history is present may be this type of search warrant.
What is a "No knock warrant"
This court case made it mandatory to advise someone of their rights after being taken into custody and asked guilt seeking questions
What is Miranda v Arizona
DAILY DOUBLE!!!!!!!!!!!!!!!!
Term used to describe evidence that is allowed and may be considered by a judge or jury
What is admissable
This person must review and signs a warrant before the judge does
Who is the prosecutor or D.A
The three requirements that must be met before a warrant can be issued
What is
1. P.C
2. Neutral judge
3. Particularity
True or False
If a crime occurs in an officers presence the officer does NOT need a warrant to make an arrest,
What is True
If a passenger in a vehicle is arrested the police may search here for any illegal contraband
What is the immediate reach and control of the person arrested
A trial without a jury, in which the judge serves as the fact-finder and determines the verdict.
What is a bench trial