Exam 8: Police and Constitutional Law

What is the exclusionary rule and in what situations does it apply?

The Mapp v. Ohio (1961)case forced the exclusionary rule to apply to both federal and state cases.

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. Officer Goldman immediately entered the home without obtaining a warrant.  He was allowed to do this based on the requirement of

Miranda warnings were established by the U.S. Supreme Court in Weeks v. U.S. (1914).

The U.S. Supreme Court ruled that statements produced after police assaulted suspects were inadmissible in

 ____________________ means that the officers acted with the honest belief that they were following the proper rules and therefore are not subject to the exclusionary rule.

Officers can make an arrest without a warrant when there are ____________, which means that officers are in the middle of an urgent situation in which they must act swiftly and do not have time to go to court to seek a warrant.

The stop-and-frisk exception is considered a(n)____________________ search.

Detective Smith is working on an active sexual assault case.  She has just recently received DNA results back from the lab.  The results specifically pinpoint the person of interest as the suspect.  Detective Smith has obtained an arrest warrant and is hoping that the suspect will give a full confession. Detective Smith is going to take the suspect into custody, where he feels as though he is not free to leave.   Detective  Smith is making a(n)

Miranda warnings involve the right to counsel and the right to remain silent.

During a traffic stop, officers can order passengers as well as the driver to exit the vehicle even if there is no basis for _______ that the passengers are engaged in any wrongdoing.

The U.S. Supreme Court applied the Fourth Amendment to the states in

The exclusionary rule increases the legal protection for criminal defendants.

Miranda warnings must be issued in written form and signed or initialed by the suspect.

Police cannot rely on smell as a sense in conducting a warrantless search.

Miranda rights are drawn from the

Chief Justice Earl Warren established a strict code of conduct how police officers handle criminal defendants.

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 would not need probable cause to search the vehicle if the driver gave Officer Castro permission to search.  This would be known as a(n)_________ search.

The Fourth Amendment requires that reasonable suspici on be established before a warrant is provided.

If a person waives his or her Fourth Amendment rights, this is referred to as a(n)____________________ search.