Memory and Recall Flashcards

Which one of the following is not a 4th Amendment Protection?

Answer: Right to counsel in your defense

The 4th Amendment protects individuals from unreasonable searches and seizures and requires warrants to be based on probable cause. The "Right to counsel in your defense" is a fundamental protection guaranteed by the 6th Amendment, which ensures the right to legal representation in criminal prosecutions, not the 4th Amendment.

When an officers observes conduct that, in light of experience would lead a reasonable belief that a suspect is armed and may be dangerous, may conduct a frisk limited in scope. What case gives us this rule?

Answer: Terry v. Ohio

*Terry v. Ohio* (1968) established the legal precedent for a "stop and frisk." This ruling allows police officers to conduct a limited pat-down search for weapons if they have reasonable suspicion that an individual is armed and dangerous, even without probable cause for arrest. This is a crucial exception to the warrant requirement for officer safety.

What is it called when an officer by means of physical force or show of authority, has some way restrained the liberty of a person?

Answer: Seizure

A "seizure" of a person occurs when a law enforcement officer, through physical force or a show of authority, restrains an individual's liberty to the extent that a reasonable person would not feel free to leave. This concept is central to determining whether an individual's 4th Amendment rights have been implicated during an encounter with police.

Florida v. Bostick created what test for seizures?

Answer: Free to leave test

*Florida v. Bostick* (1991) refined the "free to leave" test for determining when a seizure has occurred, particularly in consensual encounters. The test asks whether a reasonable person would feel free to decline the officers' requests or otherwise terminate the encounter, even if they are not physically restrained. This helps distinguish between a consensual interaction and a Fourth Amendment seizure.

Specific & articulable facts that give rise to a particularized and objective basis for suspecting an individual of criminal activity is used for what?

Answer: Reasonable Suspicion

"Reasonable suspicion" is a legal standard that requires specific and articulable facts, combined with rational inferences from those facts, to justify a brief detention or a "Terry stop." It is a lower standard than probable cause but higher than a mere hunch or generalized suspicion. This standard allows officers to investigate potential criminal activity without full probable cause for arrest.

Michigan v. Long discusses what?

Answer: Search of vehicle for protective sweep

*Michigan v. Long* (1983) extended the *Terry* doctrine to vehicle searches, allowing officers to conduct a protective sweep of a vehicle's passenger compartment. This is permissible if officers have reasonable suspicion that the vehicle's occupants are dangerous and might gain immediate control of weapons. The search is limited to areas where a weapon could be readily accessed.

During a sweep of a house, the poloce can look anywhere they want for weapons or people who could hurt them?

Answer: FALSE

During a protective sweep of a house, officers are only permitted to look in places where a person could reasonably be hiding. The scope of such a sweep is strictly limited to ensuring officer safety by locating potential threats. Officers cannot search anywhere they want for weapons or evidence, as this would exceed the permissible scope of a protective sweep.

Which of the following is not a legitimate reason for inventory searches?

Answer: Check for drugs or weapons

Inventory searches are a recognized exception to the warrant requirement, primarily justified by three legitimate governmental interests: protecting the owner's property, protecting the police from claims of lost or stolen property, and protecting the police and public from potential danger. Checking for drugs or weapons as a primary objective, rather than as an incidental discovery during a legitimate inventory, is not a standalone legitimate reason for an inventory search. Such a search would typically require probable cause or another warrant exception.

A probationer can be searched for any reason what so ever.

Answer: FALSE

Probationers do not lose all Fourth Amendment rights, meaning they cannot be searched for 'any reason whatsoever.' While their expectation of privacy is reduced due to their probation status, searches must still be based on reasonable suspicion or a specific condition of their probation. This legal standard balances public safety with the probationer's constitutional protections against arbitrary searches.

For a special needs search of kids in school, what factors are needed?

Answer: All of the above

For special needs searches of students in school, all listed factors are typically required to ensure the search is justified and appropriate. This includes reasonable suspicion that the student possesses something against the law, individualized suspicion targeting a specific student, and the search being initiated by a school official. These criteria help protect student rights while maintaining a safe school environment.

What does this describe? Enough particularized facts to lead a reasonable person to believe that there is a fair probability of criminal activity.

Answer: Probable Cause

The description provided, 'Enough particularized facts to lead a reasonable person to believe that there is a fair probability of criminal activity,' is the legal definition of probable cause. This is a higher standard than reasonable suspicion and is required for arrests, search warrants, and grand jury indictments. It signifies a substantial basis for believing that a crime has been committed or that evidence of a crime exists.