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AJ4 CHPT 4-5
TEST #2 CHAPT 4/5 AJ 4
| Question | Answer |
|---|---|
| THE SILVER PLATTER DOCTRINE | Used to be that that evidence inadmissible on a state level due to improper police actions could still be used in Federal Prosecutions |
| Which case made the fourth amendment protections applicable at the state level? | Mapp v Ohio` |
| What is the exclusionary rule? | Evidence aquired in violation of the 4th amendment guarantee against unreasonable search and seizure would not be admissible to prosecute. It would be EXCLUDED |
| What is the best way to ensure that the evidence will be admissible at trial? | Get a warrant |
| Under this concept, the evidence erroneously admitted by the trial court did not contribute to the conviction | Harmless error |
| Name the four exceptions to the exclusionary rule. | 1. Good Faith, 2. Inevitable Discovery, 3. Purged Taint, 4. Independent Source |
| There are 8 situations in which exclusionary rule does not apply. They are (get at least 4 here Jerome) | Violations of Knock and Announce, Private Citizen search, Grand Jury Investigation, Sentencing, Parole Revocation Hearings, Non Criminal Proceedings, Arrests based on Probable Cause that violate State law, Violation of Agency Rules, |
| Why is it not a violation of the 4th amendment protection as it pertains to searches conducted by private cizens? | The fourth amendment prohibition only applies to actions of government officials. |
| Why is it not a violation of the 4th amendment protection as it pertains to noncriminal proceedings? | Exclusionary Rule only apples to criminal proceedings not to civil or administrative hearings. |
| Which case was pivotal in regards to stop and frisk | Terry v Ohio |
| Stop and frisk fall under which amendment protection? Against what? | the fourth amendment against illegal search and seizure |
| Which standard must be met for the police to lawfully conduct a stop and frisk? | Reasonable Suspicion * |
| Why is stop and frisk less of a standard to prove for the police than a arrest? | The reasonable suspicion of stop and frisk is less than the probable cause standard because the citizen is not being arrested. If being detained to arrest, the police must have probable cause. |
| name the two requirements that must be met to satisfy the guidelines for a valid stop. | 1. The circumstances of the action (officer must observe unusual conduct that raises suspicion), 2. Initial Police Action (Officer must identify himself and make reasonable inquiries). |
| Name the steps, per Terry v Ohio, that the officers must take in stop and frisk cases: | 1. Observe, 2. Approach and Identify, 3. Ask Questions |
| When is a stop a seizure? | Per US v Mendenhall, when a reasonable person, in view of all circumstances, believes that he or she is not free to leave, then it is a seizure. The mere asking of questions does not constitute a seizure. |
| When is a stop based on anonymous tip valid? | When the tip can be corroborated by independent police work. |
| Are stops based on drug courier profiles alone valid to make a stop? | The court has said NO. This cannot be the only factor in making the stop |
| Why are airport stop and searches valid? | The stops and searches are based on Special Needs vs law enforcement activity. They are for passenger safety |
| What is a frisk | A pat-down for weapons |
| The legal requirement that an officer must have reasonable suspicion that his safety may be in peril applies only to a frisk. Not to a stop. Explain. | Officer does not need reasonable suspicion that a person is armed and dangerous before stopping, Just needs reasonable suspicion that criminal activity is about to or has taken place. |
| What is the purpose of a frisk | The sole purpose of a frisk is officer safety |
| T/F persons detained at the police station can be detained under reasonable suspicion in order to get finger prints | False. Court said that field detention as opposed to station detention for purposes of fingerprinting a suspect does not require probable cause. Stationhouse detention DOES require probable cause. |
| What is the purpose of the stop? | To prevent criminal activity or to respond to criminal activity that has just taken place |
| Are stops based on Secondhand or Hearsay Information valid | Yes. |
| Which questions can a stopped person be forced to answer? | Suspect cannot be forced to reply to questions but must provide identification |
Created by:
JeromeG
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