The Fourth Amendment contains two critical legal concepts : a prohibition against unreasonable searches and seizures, and: requirment of proable cause to make an arrest.
During a frisk, officers may search the area within the immediate control of the suspect, Police officers are allowed to use a frisk as a "fishing expedition" to find items besides weapons. Of the courtroom work group, who relies on the police to arrest suspects and gather sufficient evidence? The direct questioning of a suspect to gather evidence of criminal activity and try to gain a confession is called a(n), For Miranda to be required, a suspect must be in custody and also, The court's legitimacy is based on two factors: impartiality and, The function of the court is concerned with speed and efficiency, The function of the court is concerned with protecting the rights of individual citizens against the power of the state, The of the court is based on the medical model, Statements in which judges express the reasons for the court's decision in a case are. What kind of search takes place when an individual gives law enforcement permission to search their persons, homes, or belongings? True or false: the rationale supporting stops and frisks of persons has been extended to vehicles? A "frisk" of an individual is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has: Major and minor categories: Blood stain pattern that involves blood being flung from a swinging instrument. What is the scope of the search during a stop? True or False: its reasonable to stop a rental van at 4:40 in the morning in a high crime area? Given the invasiveness of electronic surveillance, the Supreme Court has generally held that the practice is prohibited by _____________________. and seized a gun from his pocket. True or false: it is not reasonable to frisk a suspect who has been armed on previous occasions? While running, the subject discards a gun from his waistband, establishing the probable cause to ARREST the subject. ________________ is an imprecise standard, less than probable cause, more than mere suspicion, based upon facts and circumstances observed, individual officer's training/experience/knowledge, determined by the totality of the circumstances. What are the chemicals used to dilute an illicit drug and to give it more bulk. __________: An investigatory stop does not constitute an arrest and is permissible when prompted by both (1) the observation of __________ leading to a reasonable suspicion that criminal activity is about to take place and (2) the ability to point to __________ to justify that suspicion. (Adams v. Williams, AL v. White). A seizure of a person under the 4th amendment is determined by whether a reasonable person would believe that they were ________________. The sole purpose of a frisk is for officer safety. This is done with a, The The U.S. Supreme Court will not issue a writ of certiorari unless at least ___ justices approve of it, During the pretrial, the____ takes on the role of the referee. True or False: The objective basis required for a stop and frisk is less than that for arrests or full blown searches? "The __________ is less at the border than it is in the interior.". If the officer's purpose for a frisk is deemed to be a fishing expedition for evidence, that frisk is NOT LAWFUL, It is an imprecise standard. During a frisk, an object that feels like a weapon may be __________. __________, 722 So.2d 988 (LA 1998): LA Supreme Court ruled that unprovoked flight from a clearly identifiable law enforcement officer while holding his waistband __________ reasonable suspicion, justifying a pursuit and stop, but __________ necessarily an arrest by itself. Defense objects, "Relevance.". Plaintiff seeks to introduce evidence that expert is insured by same insurance company as defendant. A Full search into clothing, pockets, etc. What is the justification required to make an arrest? the right to be free from unreasonable searches and seizure is contained within the fifth amendment to the constitution.
Takes place at the police station and if used for obtaining: fingerprints, photographs, conducting police line-ups, securing identification. A frisk differs from a full search in that it is a __________ form of a search limited to the outer clothing. Under the , law enforcement officers may seize the drugs without a warrant, A(n) is a brief detention of a person by law enforcement agents for questioning, In a(n) the intent of the officer is to investigate suspicious activity, To determine whether a stop is based on reasonable suspicion, the court uses a test, 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). Many states and the federal government have rules prohibiting racial profiling by law enforcement officers. Officer safety and the safety of others is the __________ limited purpose of the frisk; meaning, the officer is only __________ in a check for weapons. Officers stop the defendant for a traffic infraction; however, they admit that they wanted to stop him for reasons not by itself reasonable suspicion for the stop. If an officer has reasonable suspicion to justify a stop of a person, and that person subsequently refuses in violation of state law to identify herself, the officer may be permitted to expand the scope of the detention by arresting the person. A frisk is permitted if the officer has a __________ that the person being detained may be in possession of a __________. Anonymous caller reported to Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun. True or False: The rationale supporting the stop of persons has been extended to vehicles? True or False: its reasonabe to stop a passenger leaving a plane who appeared nervous in the presence of officers? How much time probably exceeds the acceptable time of a stop? How many critical tasks have been identified as qualification factors in developing and evaluating employees excluded from using the CHP 118 performance appraisal (nonuniformed employees). who *used thumbprints on documents* to identify workers in India. The Court ruled that the basis of the analysis under the Fourth Amendment is not on the SUBJECTIVE intent of the officers, but rather whether their actions were OBJECTIVE REASONABLE. The fall Physical Fitness Assessment resulted in five failures. A law enforcement officer may not stop a motor vehicle and detain the driver to check license and registration unless the officer has reasonable, articulable suspicion of criminal activity or unless the stop is conducted in accordance with a properly conducted highway checkpoint program. What type of evidence tends to show innocence of the accused and must be disclosed? The best way to guarantee that the evidence will withstand inquiries about what happened to it from the time of its finding to its presentation in court is to do what? The intermediate appellate court agreed with the state. What is the legal basis for the Miranda warning. When police are conducting a search or seizure, they must be, Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person, is, The prohibits the use of illegally seized evidence, Any physical or verbal evidence police are able to acquire by using illegally obtained evidence is known as, A(n) is the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial, A(n) is a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence, In order to obtain a search warrant, a police officer must generally provide specific information on the premises to be searched, the illegal activity taking place, the items to be seized, and, A(n) is the forcible taking of a person or property in response to a violation of the law, The Court has established that the does not require police to obtain a warrant to search automobiles or other movable vehicles when they have probable cause to believe that a vehicle contains contraband or evidence of criminal activity. A STOP is a ______________ detention for investiation and not a full cusstodial arrest. In a vehicle, the frisk is limited to the _______________________, including _____________ containers but NOT ____________ containers. The trial court granted J.L. Police want to require a person not in custody to appear in a lineup. The court considered the evidence INADMISSABLE, Police transported a suspect to the police station for fingerprinting WITHOUT consent, probable cause, or a warrant The Court held that reasonable suspicion is INSUFFICIANT by itself to conduct a stationhouse detention for fingerprinting. The right to be free from unreasonable search and seizure is contained within the Fifth Amendment to the Constitution. A law enforcement officer may stop a person on the basis of a flyer, bulletin, or radio dispatch issued by another law enforcement agency as long as the issuing law enforcement agency has a reasonable suspicion that the person named in the flyer, bulletin, or dispatch is or was involved in criminal activity. ", detention, interdiction or other disparate treatment of an individual on the basis, in whole or part, of the racial or ethnic status of such individual, except when such status is used in combination with other identifying factors seeking to apprehend a specific suspect whose racial or ethnic status is part of the description of the suspect, which description is timely and accurate. __________ 59 So.3d 403 (LA 2011): Unprovoked flight from clearly identifiable officers in a low crime area, __________, is also reasonable suspicion to stop. They observe a nervous subject hiding behind a building observing them closely. You are writing E-4 evaluations on 28 Petty Officers in your department of a command with 512 members. Courts have held that the duration of a stop must be_________, without setting a specific time limit. _________: The U.S. Supreme Court held that the officer can seize non-weapons contraband if it is __________ that it is contraband; however, in this case he proceeded to "squeeze, slide, and manipulate it" in an effort to determine if it were contraband. Which amendment provides for the right to counsel?
75. A client is protected by attorney-client privilege if the client reveals a past crime. A STOP requires _______________________ and an arrest requires ______________________. A ___ is a brief detention of a person by law enforcement agents for questioning, The ____ prohibits the use of illegally seized evidence, Any physical or verbal evidencce police are able to acquire by using illegally obtained evidence is known as, A pat-down or minimal search by police is to disvoer weapons with the purpose of protecting the officer or other citizens, and not to find evidence of illegal substances for use in trial, is referred to as a, Which case law established "stop and frisk?". According to RIGL 31-21.2-3What is "Racial Profiling? Was the officer's action a stop or a frisk? What type of force can be used to stop and detain a suspect? The police must observe unusual behavior that leads him or her to reasonably conclude, in the light of his or her experience, that a crime has been committed. A 602 juvenile is detained at the station in a locked and secured room.
The facts taken in the __________ must establish __________. 's motion to suppress the gun (exclude from trial) because it was obtained via an unlawful search.