Exam 8: Police and Constitutional Law

Compare and contrast the plain view doctrine and warrantless searches  through the use of examples. What is the key difference between them?

Which is not part of the Miranda warnings?

According to U.S. v. Drayton (2002), police officers

If citizens are not free to leave when officers assert their authority to stop someone, this is considered ____________________.

When officers are in hot pursuit of a fleeing suspected felon, they need to stop to seek a warrant and thereby risk permitting the suspect to get away.

A stop is defined as a brief interference with a person's freedom of movement.

If a person is placed under arrest, then he or she forfeits his or her Fourth Amendment rights. This is called ____________________.

A police officer would likely need a warrant for sea rche s not conducted in plain view.

Compare and contrast the plain view doctrine and the open fields doctrine. What is the key difference between them?

A pat-down by an officer is not considered a warrantless search.

Elaborate through the use of examples, three instances in which officers would not need a warrant to search.

Police officers must provide Miranda warnings if they approach someone on the street and begin questioning.

Officer Goldman responds to a call of an active shooter during a home invasion at a local residence.  Officer Goldman arrives on the scene and quickly surveys the residence.  He and his partner immediately enter the home and see the suspect.  They command the suspect to drop his weapon, and the suspect responds by dropping the weapon.  Officer Goldman arrests the suspect and searches him. After the suspect was taken into custody and the victims were taken to receive medical care, Officer Goldman's partners most likely would need to obtain a(n)_________ to collect all the remaining evidence to prosecute the case.

Miranda warnings must be read to a suspect when he or she is taken into custody.

Stops must be justified by probable cause.

One feature of the Miranda rules is that defendants have a right to have an attorney .

___________ permits an officer to search based on the officer's sense of touch.

Officer Castro notices a car in front of him driving at a slow speed.  The driver seems to be driving erratically. Officer Castro activates his blue lights and attempts to pull the car over.  The driver continues to drive for approximately two additional miles before pulling over.  When Officer Castro slowly approaches the car, he smells what seems to be a heavy odor of marijuana.  The driver has dilated eyes and slurred speech.  There are four individuals in the car. Officer Castro intended for this traffic stop to be a brief seizure, which would be considered a(n)

Which doctrine permits officers to notice and use as evidence the items that are visible to them when they are in a location that they are permitted to be in?

Searches are not permissible if a police helicopter flies overhead and witnesses illegal activity.