Chapter 8,9,10 Test Flashcards Preview

Intro to Criminal Justice > Chapter 8,9,10 Test > Flashcards

Flashcards in Chapter 8,9,10 Test Deck (92)
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1

Protection Against unreasonable searches and seizures and protects people's homes, property, and effects

4th Amendment

2

Other aspects of 4th Amendment

Probable Cause
The exclusionary rule
Arrest
Search and Seizure
Electronic surveillance
Lineups

3

Guards against self-incrimination and double jeopardy

5th Amendment

4

Other uses of 5th Amendment

Confessions
Interrogations

5

Right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections

6th Amendment

6

Was enacted to protect all citizens from excessive governmental power

Bill of rights

7

intended to limit overzealous behavior by the police

4th Amendment

8

The requirement that a neutral magistrate issue warrants for arrest and search

Primary protection of 4th Amendment

9

Officer's searching for and taking away evidence of a crime

Search and seizure

10

A document issued by a judge directing police to immediately arrest a person accused of a crime

Warrants, arrest

11

Reasonable suspicion or belief that a crime has been, or is about to be, committed by a particular person

Probable cause

12

Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity

Reasonable Suspicion

13

T or F, The court examines the type and amount of probable cause that the officer has at time of arrest

True

14

The rule providing that evidence obtained improperly cannot be used against the accused at trial

Exclusionary Rule

15

Case in which the exclusionary rule first appeared

Weeks v. United States (1914)

16

Any written document in which the signer swears under oath that the statements in the document are true

Affidavit

17

T or F, Supreme Court has required police officers to obtain a warrant when making a felony arrest unless exigent circumstances are present

True, unless instance where quick, emergency action is required

18

T or F, must have probable cause to stop an individual or vehicle

True

19

Requires the police to first knock and announce their presence before entering a person's home for the purpose of executing a warrant

Search and seizure in general

20

Exceptions of search and seizure

If knocking and announcing would endanger the officers or lead to the destruction of evidence

21

Types of searches and seizures without a warrant

Searches incidental to lawful arrest
Searches during field interrogation (stop-and-frist searches)
Searches of automobiles under special conditions
seizures of evidence that is in plain view
searches when consent is given

22

Searches incidental to a lawful arrest are limited to the area within the arrestee's immediate control or that area from which he or she might obtain a weapon

Searches incidental to lawful arrest (Chimel v. California)

23

Carroll v. United states

Officers searched the vehicle of a known bootlegger without a warrant but with probable cause

24

If lawfully on the premises and plain-view discovery is advertent, they may seize the contraband

Plain view and open view searches

25

T or F, Consent to search must be voluntary

True

26

T or F, The constitution does not ignore the privacy rights of an individual who is present and asserting his rights when one occupant consents to search while the other refuses

True

27

Katz v. United States

Any form of electronic surveillance is a search and violates a reasonable expectation of privacy

28

Criminal defendants as well as any witness in a civil or criminal case and anyone testifying before an administrative body, Grand jury, or a congressional committee

Application of 4th amendment

29

Criminal defendants as well as any witness in a civil or criminal case and anyone testifying before an administrative body, Grand jury, or a congressional committee

Application of 4th amendment

30

What is one of the most significant provisions

The right against self-incrimination