Exam 6: Police and the Constitution

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List and explain the nine exceptions to the requirement for a search warrant.

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∘\circ Incident to lawful arrest - police officers may search the area within immediate control of a person after they have arrested him or her. ∘\circ Consent - police officers may search a person without a warrant if that person voluntarily agrees to be searched and has the legal authority to authorize the search. ∘\circ Stop and frisk - police officers may frisk a person if they suspect that the person may be involved in criminal activity or pose a danger to those in the immediate area. ∘\circ Hot pursuit - if police officers are in "hot pursuit" of a subject they have probable cause to believe committed a crime,and that person enters a building,the officers may search the building without a warrant. ∘\circ Automobile exception - if police officers have probable cause to believe that an automobile contains evidence of a crime,they may search the vehicle without a warrant. ∘\circ Plain view- if police officers are legally engaged in police work and happen to see evidence of a crime in "plain view" they may seize it without a search warrant. ∘\circ Abandoned property - any property that has been vacated or discarded may be searched and seized by police officers without a warrant. ∘\circ Border searches - law enforcement officers on border patrol do not need a warrant to search vehicles crossing the border. ∘\circ Inevitable discovery - evidence that has been illegally obtained may be admitted as evidence if the prosecutors can prove that it would have "inevitably" been found by lawful means.

A frisk can only be conducted to discover weapons.

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The Miranda warning is designed to ensure a suspect's Fifth Amendment protection against self-incrimination.

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Given the invasiveness of electronic surveillance,the Supreme Court has generally held that the practice is prohibited by _____________________.

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An arrest is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge.

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A pat-down or minimal search by police to discover weapons with the purpose of protecting the officer or other citizens,and not to find evidence of illegal substances for use in a trial,is referred to as a(n):

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The Fourth Amendment contains a prohibition against ___________________ searches and seizures.

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What is the scope of the search during a stop?

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____________________ is reasonable grounds to believe the existence of facts warranting certain actions,such as the search or arrest of a person.

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The _____________________ exception was created in the case Nix v.Williams (1984).

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______________________ established that recorded conversations are inadmissible as evidence unless certain procedures are followed.

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Under exigent circumstances law enforcement officers need not announce their presence during the execution of an arrest warrant.

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The Fourth Amendment contains two critical legal concepts: a prohibition against unreasonable searches and seizures,and:

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Explain the exclusionary rule and the exceptions to it.

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A(n)______________ occurs when police take into custody a person suspected of criminal activity.

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The ____________________ Amendment guarantees protection against self-incrimination.

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Arrest warrants are written orders,based on probable cause and issued by a:

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A law enforcement officer on border patrol does not need a warrant to search vehicles crossing the border.This exception to the search warrant is referred to as:

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The exclusionary rule prohibits the use of illegally seized evidence.

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If a suspect indicates that they do not wish to be questioned by police,thereby refusing to waive their Miranda rights,the officers should:

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