Search and Seizure
A limited search for weapons
What is a Terry Frisk (Terry v Ohio)
When a person voluntarily gives permission for a search (exception to a search warrant)
What is consent
Events that require immediate attention (an exception to a search warrant)
What are exigent circumstances
Fleeing criminal suspect (exception to search warrant)
What is hot pursuit
When property/evidence may be destroyed (an exception to search warrant)
What is Imminent destruction
A stop-and-frisk requires
What is reasonable suspicion
An exception to a search warrant where danger exists such as a bomb in a school/major event/stadium
What is emergency exception
A writ issued by a judge to search a home or vehicle is a:
Warrant
an act of removing someone's clothing to see if that person is hiding illegal drugs, weapons, etc.
What is a strip search
The 4th amendment protections apply only to searches by
What are Government agents (police)
A rule of criminal procedure that allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible
What is plain view doctrine
protects people from unreasonable searches and seizures by the government.
What is the 4th Amendment
To obtain a search warrant, what do the police have to be able to show a judge?
What is probable cause
What is the rule that requires police to announce their presence known as?
What is the knock and announce rule
Standard for a stop and frisk.
What is reasonable suspicion
a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed.
What is Probable Cause
Which Supreme Court case established an officer's right to "stop and frisk" a suspect?
What is Terry v Ohio (1968)
Miranda Rights are connected to what Constitutional Amendment?
What is the 5th Amendment
A pat-down of outer clothing performed when an officer fully believes the suspect may be concealing a weapon and may possibly become dangerous.
What is a stop and frisk
is a written statement of facts sworn to or made under oath before someone authorized to administer an oath
What is an affidavit
A search of a person's immediate area after arrest
What is the wingspan exception
1. Done by a Govt agent/employee 2. Must fit the CTs def of Search and Seizure
What is a search
prevent police misconduct - prohibiting the use of illegally obtained evidence
What is the exclusionary rule (Mapp v Ohio)
What is an extension of the "exclusionary rule"
What is the Fruit of the poisonous tree
Consent to search, incidental search, plain view doctrine, and emergency exceptions give officers the ability to do a
What are warrantless searches