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11. factor considered before a search or seizure is executed
ability to produce probable cause for the search or seizure
When are fourth amendment protections triggered?
During a search or seizure conducted by any government official
case that helped determine the definition of a search to "protect people, not places"
Katz vs. United States
primary levels of justification considered by courts
probable cause, reasonable suspicion, and administrative justification
a practical definition of probable cause is that it consists of . percent certainty
more than 50
Supreme court case helped determine the standard of reasonable suspicion
Terry vs. Ohio
What is one example of an acceptable use of a checkpoint?
Police checking drivers for sobriety at predetermined locations
When do police need an arrest warrant?
an arrest made in private place, unless special circumstances.
What is required for a "john doe" arrest warrant?
sufficiently specific description, locate with reasonable effort
searches that could also be executed without a warrant
searches incedent to arrest, based on exigent circumstances, auto searches, plainview, and consent.
supreme court case enventually led to the creation of the arm-span rule
Chimel vs. California
two factors that must be in place for a warantless automobile search
probable cause to believe that vehicle contains evidence of crime, securing a warrant is impractical
Supreme court case that ruled on the authorization of seizure of items found in plain-view
Coolidge vs. New Hampshire
When are consent searches permissible?
when given permission
standard used to assess the voluntariness of a suspect's confession?
The taping of the confession either by audio or video devices
What is deliberate elicitation?
government actor to dra incriminating statements from a suspect, violation of 6th amendment right to council
What was 18 U.S.C. Section 3501?
crime contold act of 1968 attempted to invalidate the miranda decision.
Which case determined that Miranda warnings do not need to be given if taking the time to do so would endanger public safety?
New York vs. Quarles
T or F- The issue of how to properly conduct searches and seizures is among the most important issues for law enforcement today
T or F- According to the Supreme Court, a seizure only occurs "when there is some meaningful interference with an individual's possessory interest in that property."
T or F- An administrative search is permissible only when getting a warrant is impractical.
T or F- The requirements for an arrest warrant are the authorization of a neutral and detached magistrate, probable cause, and particularity.
T or F- The supreme court case Maryland vs. Buie determined the scope of an incident search.
T or F- The seizure of an item found in plain view is authorized only when the item threatens public safety, such as a weapon or illegal drugs.
T or F- "knock and talk" searches are controversial
T or F- the due process voluntariness approach maintains that suspects may not give voluntary confessions unless an attorney is present
T or F- The waiver of Miranda warnings must be expressed in order to be valid
T or F- if the police hand a suspect a pencil and piece of paper and say, "write down your confession," this may not be enough for the confession to be considered valid.
12. what is injunctive relief?
a court order to bring injurious or offensice action to a halt.
What is sovereign immunity?
Defense that shields states and state officials who are acting in their official capacities from being sued in federal court.
What term describes the condition that exists when an individual acts in an official government capacity and with the appearance of legal power?
Color of the Law
What is qualified immunity?
Defense that shields a police officer who has acted in an objectively reasonable fashion as long as he or she did not violate clearly established rights that a reasonable person would have known
What type of tort gives an important avenue of redress for plaintiffs whose minor injuries are not serious enough to make a Section of 1983 liability claim?
State tort
What type of tort claims liabilty against an action that is highly likely to cause injury or damage?
intentional tort
Which defense strategy provides that if a plaintiff voluntarily engaged in a dangerous activity that led to his or her injury, then the police officer should not be held liable?
assumption of risk
Which civilian model uses a group of citizens to investigate complaints against police, adjudicate the complaints, and recommend punishment?
Civilian Review
Which group of complaints is most likely to have their complaint sustained?
complaints filed by police officers.
What is one potential benefit associated with accreditation?
accountability and lower insurance
Which of the following provides that evidence obtained in violation of the U.S. constitution cannot be admitted in a criminal trial to prove guilt?
exclusionary rule
What is one argument in favor of the Exclusionary Rule?
general deterrance
What statute holds officers criminally liable for misconduct?
18 U.S.C.A. Section 242
When officers break the law in order to protect the innocent, or to prevent some greater harm, then they can claim the ........ defense.
Public Duty
What is the model for a trial board?
military court-martial
T or F- Section 1983 is extremely controversial
T or F- if a police officer is not present to prevent a criminal act, the officer can be held liable for failure to protect.
T or F- independent review occurs when an internal affairs review body investigates complaints filed against law enforcement officers, then forwards its recommendations to the chief.
T or F- CALEA stands for the Commission on Accreditation for Law Enforcement Agencies
T or F- Some critics of the exclusionary rule believe that the rule creates public cynicism because some guilty parties escape prosecution.
T or F- Liability under Section 242 is reserved for less serious police misconduct that cannot be criminally prosecuted.
T or F- One of the functions of an internal affairs investigation unit is to prosecute employees are accused of serious misconduct.
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