Exam 8: Police and Constitutional Law

Miranda warnings may be waived if the public safety is at risk.

In Utah v.Strieff,the majority of the Supreme Court held that a police officer's errors in procedure were not illegal because they were "good-faith mistakes." The dissent warned that the decision could mean that the police would treat the Fourth Amendment lightly as a result.A challenge has been posed to the decision and the Supreme Court has agreed to hear arguments for overturning it.You are a police chief.Write an amicus brief to the court stating where you stand on this issue and why.

You are a governor of a state that wants to introduce red-light cameras.You are aware of budgetary shortfalls and want to control crime.Nevertheless,you are concerned about possible Fourth Amendment violations.Are red-light cameras and license-plate readers a violation of the Fourth Amendment or should they be considered part of the plain view doctrine? Why or why not?

Hester v.United States (1924)established the __________.

Which is not part of the Miranda warnings?

Explain the inevitable discovery exception as it was created by Nix v.Williams (1984).

Consent searches are unconstitutional under the Third Amendment.

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 over the car.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. If Officer Castro had doubts about whether the smell of smoke was marijuana,he could still legally enter the car without a warrant by

Detective Omara is working on an active sexual assault case.She recently received DNA results from the lab.The results specifically pinpoint the person of interest as the suspect.Detective Omara has obtained an arrest warrant and is hoping that the suspect will give a full confession.Detective Omara is going to take the suspect into custody,where the suspect will be held against his will.Detective Omara must inform the suspect of his right to have an attorney present during the interrogation.The suspect can claim his constitutional right against ____________ when Detective Omara interrogates him.

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,who is holding a semiautomatic rifle.They command the suspect to drop his weapon and the suspect complies.Officer Goldman arrests the suspect and searches him. Which aspect of the law allowed the officer to enter the house?

For a warrant to be issued,the officer must be willing to swear by oath or affirmation,often accomplished through the use of a(n)_______.

The Fourth Amendment means nothing without the exclusionary rule.

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

You are a police officer who works in an area that is vulnerable to terrorist attacks.Your partner tells you,"In a modern world with terrorist threats,Miranda warnings slow down the police.They should be suspended until terrorists are no longer such a big problem." Do you agree with him? Do any exceptions to Miranda apply?

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 over the car.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 does not intend to impound the car; his seizure would be considered a(n)

How did the U.S.Supreme Court rule in the recent Arizona v.Gant case on searches?

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

The Warren Court established that the exclusionary rule applies to the states.

Terry v.Ohio permitted officers the ability to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity,which is referred to as a ________ search.

What is the good faith exception to the exclusionary rule? How is it used?