EXAM # 2
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| what is a terry stop? | based on reasonable suspicion that there are suspicions that there are weapons.
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| during a terry stop where can they search during a terry stop. | passenger compartment.
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| can you also search in the passenger compartment for a vechile code violaion? | YES.
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| (vehicle search)Incident to Arrest: Grounds for search in a terry stop | valid custodial arrest of someone in vehicle.
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| (vehicle search)Incident to Arrest: EXTENT of search in a terry stop | search of passenger compartment ONLY IF the arrestee is within reaching distance of the passenger compartment at the time of the search. OR it is reasonale to believe the vehicle contains evidence of the offense of arrest.
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| (vehicle search) Probable Cause: grounds for serch | MUST have probable cause that evidence or contraband is in vehicle.
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| (vehicle search) probable cause: areas that can be searched | where the probable cause indicates the evidence or contraband is located.
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| (vehicle search) probable cause:extent of search | thorough search of the area indicated; NO search warrent is required, you can search now or at impound.
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| (vehicle search) Inventory of impounded vehicle: grounds for inventory? | vehicle must be legally impounded.
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| (vehicle search) inventory of impounded vehicle: extent of search | must conduct inventory of all items in the car. may damage the car to get in.
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| what are the basic requirements for plain view doctrine. | 1.officer legally at the location, 2. can observe item without picking it up or handling it. 3. must have probable cause in order to seize the itme.
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| Plain View from an AiRcraft. | Must fly by FAA rules, does nott matter if it is off track over residential ares.
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| Open fields -plain view applies where | Open fields ONLY applies to areas that are not near houses or appartment.
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| Open fields -plain view can poiice trespass? | yes they can trespass in order to make observation.
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| (consent searches)Test for Valid consent 1 | Officer are NOT required to advise suspect of the fouth amendemdment right to refuse to consent.
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| refusal to give consent does NOT ? | establish probable cause.
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| consent enables oficer to search without what (3) | earrant, proable cause, or reasonable suspicion.
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| who can consent searches? | anyones with apparent authority over the area to be searched.
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| if area to be searched is shared by two people what happens | if one says NO, its no. No matter if one says yes.
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| Consent searches- Scope of search. | the person giving consent controls the search. (sets the limits, and duration of the search)
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| consent to searches-- the person who gives consent, can they revoke it? | yes they can revoke at anytime. it can be withrdwarn any time.
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| misplaced reliance doctrine applies to what? | evesdropping, and statements relayed to authorites by friends
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| misplaced reliance doctine- for warrent? | it is not required to obtain conversation that can be overheard by anyone. - police, informants can wear a device/ tape recordere
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| do you need a search warrent for electronice surveillances? | nope
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| are wiretaps part of misplaced reliance doctrine? | no, they are under 4th admendemt and the wiretap act. THEY REQUIRE WARRENTS. can ONLYauthorize wiretaps.
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| where are wiretaps do NOT need warrents. | pen register, trap and trace device, and bumper beeper.
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| where do pen register and trap and trace require warrents? | only for federal statues.
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| is there a limited number of judeges to issue warrents? | yes there is only limited number
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| what is the duration of the wiretap warrent? | warrent for 30 days but must report to judge every 6 days.
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| can a judge override a warrent after a recieved a report | yes they can stop at anytime.
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| officers involved in obtaining or monitoring electronic surveillance warrent must have what kind of training? | Special POST training and updates/
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| in emergency federal wiretap warrent do you need a warrent at sometimes? | yes, but must obtain a valid warrent within 48
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| what is the FISA | foreign intelligence surveillance act-- no united states person can be surveillence.
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| serches at International Border or Point of Entry individuals and vehicles may be randomly searched without individualized suspicion true of false? | yes, anyone can be searched.
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| if someone gets a rectal examiniation, xray ot to allow foreign substance to be expeeled from the body naturallly what is REQUIRED? | reasonale suspicion.
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| searches at mail searches what is required? | reasonable suspicion is sufficient to open first class mail
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| for boarding vessels in nagigable waters do you need suspicion to search? | nooo no suspicion required.
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| do you need suspion for checkpoints? | no no suspicion required.
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| in order to search immigration status of person at checkpoints,... what do you need? | suspicion required.
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| in order to search vehicles at fixed checkpoints, what do you need? | probable cause.
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| for roving checkpoints/normal police routine- in order to stop a vehicle to question occupants- what do you need? | reasobale suspicion
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| what do you need to search a vehicle or occupants | probable cause.
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| you can seize a closed container based on what? | probable cause that it contatins contraband or other evidence/
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| you can seize a closed container but what must happen before you open it? | must obtain a search warrent.
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| what are the exeptions to the closed container rulle... | if the person is booked, search of vehilve incident to arrest, search of vehicle on prbable cause, inventory of vehicles
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| fifth amendment covers privilege applies to both communitions? | oral and written communications.
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| privilege does Not apply to what 4 things | body fluids,identifying features, exemplars, specimens for dna testing.
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| what is body fluids, identifying geatures, and exemplars. | body fulids is blood, breath, urine. identifying features- mug shots, participate in line- up, fingerprints. exemplars- handwriting, voice.
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| miranda must be what 3 things | knowing, intelligent, and voluntary.
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| what does knowing mean | suspect informed of consitutional rights and understood them.
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| what is intelligent? | suspect has sufficent metal capcaity to understand rights
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| what is voluntary? | no coercion used by poilce, use of force, or credible threat of force makes waiver INVOLUNTARY
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| when does miranda end? | anytime. suspect has the right to invoke.
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| if questioning ends without suspect invoking rights the offices may what.... | may resume questioning at a later time.
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| when resuming officers should continue questions what should happen. | must make sure the suspect remembers their rights and is still willling to talk.
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| if suspect was previously given incorret warnings what should you do? | give a correct set of warning and obtain a valid waiver.
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| suspect invokes right to silence what happens | questions must stop immediatley. must clearly indicate to suspect that officers will honor the request. may return at a later time and ask the suspect if he/she wants to talk.e
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| if the suspect demands and attourney what happens? | questions must stop immediatly. may follow up on an ambigious question to clarify what the suspect wants
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| officers may resume questioning ___ there is an attourney present?/ | ONLY IF.
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| if it is 14 day after the suspect requested the attourney what happens | new rule allowes offivers to ask for a waiver without an attourney present
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| right to counsel applies when? | at arraignment.
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| defendant has the right to have an attourney present if question after what? | arraingment by police or prosecutor.
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| right to counsel applies to degendants who are?? | NOT in custody
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| miranday applies if suspet is in custody? | AFTER ARRAINGMENTS.
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| what is line up | multiple people shown to the eye witness
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| what is show up | one suspect is shown to the eye witness
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| what is photograhic line up | photographs of multiple people are shown to the eye witness
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| identification procedures- fourth amendment rights: for a show up must have what? | reasonalbe suspicion or consent to detain suspect in the field
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| for a show up or line up you must have what? | must have proabble cause or consent to take suspect to police station.
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| for photographic lineup what is the 4th admendemt rights | there is no 4th admendemnt because no one is taken into custody
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| 5th admendment applies to what? | testimonial communications
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| can one refuse to show up, line up, or photographice line up | no. there is no amendment right to refuse to participate.
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| line up and photographic line up must not be unduly suggestive like | indivivuals must look similar, no coaching of witnesses, no comments that indicate which one is the suspectq
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| show up- focus on credibilty of whom? | opportunity to observe at crime scene, lighting of crime scene, prior attempts to identify suspect, LEVEL OF CERTAINTY WHEN MAKING IDENTIFICATION
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