Test #1 Study guide
Test #1 Study guide CJ 342
Popular in Criminal Procedure
Popular in Criminal Justice
This 5 page Study Guide was uploaded by Nicole Wolfe on Sunday February 14, 2016. The Study Guide belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 158 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.
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Date Created: 02/14/16
Terms Chapter 15 amp 16 Study Guide General warrant authorized searches of unspecified persons and places Fourth Amendment developed protections against unreasonable searches seizures Implied consent when law enforcement is invited into the home to investigate crime Seizure taking in to custody of physical evidence property or even a person Property when there is meaningful interference with an individual s possessory interest in property Person law enforcement intentionally restrains an individual s liberty in such a manner that a reasonable person would believe that he or she was not free to leave Search official invasion of a person s reasonable expectation of privacy as to their person house papers or effects Person encompasses the individual as a whole M any structure that a person uses as a residence on either a temporary or permanent basis Paper business records letters diaries memos and countless other forms of tangible evidence Effects anything that isn t a person house or paper Neutral and detached magistrate designed to ensure that an impartial judge or magistrate stands between the citizen and the state Affidavit Precise description of the place or persons to be searched and the things to be seized Anticipatory search warrants probable cause does not need to exist until the warrant is executed and the search conducted Stop detention of someone for investigation superficial examination by an officer if the person s body surface or clothing to discover weapons or items that could cause harm Vehicle stop officer must have a reasonable and articulable suspicion that a law is being violated Fruit of the poisonous tree doctrine holds that evidence derived from other evidence that is obtained through and illegal search or seizure is itself inadmissible Purged taint Question whether the derivative evidence was obtained by exploitation of the initial unconstitutional act or instead by other means that are purged of the primary taint Independent source Evidence later discovered during a valid search that is wholly independent of the initial illegal search Inevitable discovery Evidence would be found regardless of unconstitutional police conduct Arrest deprivation of a person s liberty by someone with legal authority Seizure when a police officer quotby means of physical force or show of authority has in some way restrained the liberty of a citizen Interrogation questioning of a suspect by law enforcement officer to elicit a confession an admission or information that otherwise assists them in solving a crime Identification procedures techniques employed by law enforcement agencies to identify suspects Misdemeanor the police had to observe someone in the commission of the act o Custody not all policecitizen encounters are considered custodial o Interrogation quotExpress questioning or its functional equivalentquot including quotany words or actions on the part of the police should know are reasonably likely to elicit an incriminating response from the suspectquot 0 General Rule questioning must cease when accused arrests his or her right to remain silent 0 Fifth Amendment prohibits the extraction of a confession by quotexertion of any improper in uencequot Important Topics 0 Historical Background 0 Fourth Amendment quotThe right of the people to be secure in their persons houses papers and effects against unreasonable searches amp seizures shall not be violated and no warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized o Reasonableness clause 1st part 0 Warrant clause 2quot l part 0 Doctrine of incorporation provisions of the Bill of Rights deemed to be essential to a scheme of ordered liberty are incorporated to the 14th amendment s broad limitations on state and local authority 0 Border searches Open fields Administrative inspection Abandoned property 0 Searches based on consent 0 Implied consent 0 Third party consent 0 Tenancy and cooccupants 0 Scope of privacy 0 Search and seizure 0 Warrant requirement 0 Neutral and detached magistrate o Probable cause 0 Totality of circumstances 0 AguilarSpinelli Test 0 Knock and announce rule 0 Exceptions to the Warrant Requirement 0 Plain view 3 prongs o Exigent Circumstances 3 emergencies 0 Search incident to arrest 0 Automobile 3 requirements 0 Exceptions to probable cause requirement 0 Stop and frisk o ElectronicSurveillance o Omnibus Crime Control and Safe Streets Act of 1968 0 USA PATRIOT ACT expands the government s power to conduct electronic surveillance 0 Exclusionary Rule 0 Arrest Warrantless searches Police officer s use of force Arresting wrong person 0 Citizen s arrest 0 Investigatory Detention o No set limits for detention 0 Drug courier profiling o Racial profiling o Roadblocks Sobriety Checkpoints and Drug Checkpoints 0 Drug and alcohol checkpoints 0 False checkpoints 0 Requests for Information or Identification o Interrogation and Confession o Miranda right 0 Coerced confessions 0 Factors considered by the judges 000 Court Cases 0 Historical Background 0 Wolf v Colorado 338 US 25 1949 o Abandoned Property 0 California v Greenwood 486 US 35 1987 0 Searches based on consent 0 Schneckloth v Bustamonte 412 US 218 1973 0 Ohio v Robinette 519 US 33 1996 0 Third Party consent 0 State v Matock 415 US 164 1974 0 Georgia v Randolph 547 US 103 2006 o Reasonable expectation of privacy 0 Katz v US 389 US 347 1967 0 California v Greenwood 0 Warrant requirement 0 Illinois v Gates 162 US 213 1983 US v Grubbs 547 US 90 2006 Wilson vArkansas 514 US 927 1995 Richard v Wisconsin 520 US 385 1997 Hudson v Michigan 547 US 586 2006 Franks Hearing Franks v Delaware 1978 evidentiary hearing to test the truthfulness of the allegation in the affidavit of probable cause 0 Exceptions to the Warrant Requirement 0 Coolidge v New Hampshire 403 US 443 1971 0 Brigham City vtuart 547 US 398 2006 o Chimel v California 395 US 752 1969 0 Carroll v US 267 US 132 1925 00000 US v Ross 456 US 798 1982 New York v Belton 453 US 454 1981 Arizona VGant 556 US 332 2009 Maryland v Wilson 519 US 408 1997 officer can order a person to stand outside vehicle 0 Michigan v Long 463 US 1032 1982 frisk the driver andor search the passenger compartment for safety reasons 0 Miranda vArizona 384 US 436 1966 do not need to provide Miranda for routine questions with a traffic stop 0 Exceptions to probable cause requirement 0 Terry v Ohio 392 US 1 1968 0 Michigan v Long 463 US 1032 1983 0 Minnesota v Dickerson 508 US 366 1993 o Exclusionary Rule 0 Weeks v U 232 US 383 1914 o Mapp v Ohio 367 US 632 1961 o Arrest o Payton v New York 445 US 573 1980 0 Hill v California 401 US 797 1971 o Investigatory Detention 0 Florida v Royer 1983 Supreme court said 15 minute detention unreasonable when detained a person to wait to bring his luggage to him 0 US v Sharpe 1985 Supreme court said 20 minute detention of truck driver suspected of transporting marijuana reasonable when time spent looking for another vehicle Michigan v Long 463 US 1032 1983 Arizona v Gant 556 US 332 2009 Whren v U 517 US 806 1996 0 Arizona vJohnson 551 US 249 2009 o Roadblocks Sobriety Checkpoints and Drug Checkpoints 0 Illinois v Lidster 2004 o Interrogation and Confession o Miranda v Arizona 384 US 436 1966 0 New York v Quarles 467 US 649 1984 0000 000 NDCC laws and other ND laws 0 Warrant requirement 0 NDCC 292901 0 NDR Crim P 41 o NDCC 292908 0 NDCC 292909 0 Exceptions to probable cause requirement 0 NDCC 292921 0 Arrest OOOOOOOOOOOOOOOOO NDCC 290601 NDR Crim P 4 NDCC NDCC NDCC 290615 Subsection 3 is the 247 law 290614 290625 NDR Crim P 5a NDCC NDCC NDCC NDCC NDCC NDCC NDCC NDCC NDCC NDCC NDCC 290610 290613 290602 290603 290604 290618 290620 290622 290623 290707 390709
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