Core Concepts & Fundamentals Flashcards

What level of suspicion allows an officer to briefly stop and frisk a person under Terry v. Ohio?

Answer: Reasonable suspicion

Terry permits a brief stop based on reasonable, articulable suspicion that criminal activity is afoot.

Miranda warnings are required before police conduct which of the following?

Answer: Custodial interrogation

Miranda applies when a suspect is both in custody and subject to interrogation.

Probable cause to arrest exists when facts and circumstances would lead a reasonable person to believe what?

Answer: A crime was committed and the suspect committed it

Probable cause means a reasonable belief that a crime occurred and the person arrested committed it.

What is the primary effect of the exclusionary rule?

Answer: Evidence obtained in violation of constitutional rights is generally inadmissible

The rule deters unlawful police conduct by generally barring illegally obtained evidence at trial.

In Michigan, how is a county sheriff chosen and for what term?

Answer: Elected by county voters for four years

The Michigan Constitution provides for a sheriff elected in each county for a four-year term.

Which condition is required for the plain view doctrine to justify a seizure?

Answer: The officer is lawfully positioned and the item's incriminating nature is immediately apparent

The officer must lawfully be where they see the item, and its criminal character must be immediately apparent.

Under Chimel v. California, a search incident to a lawful arrest may extend to what area?

Answer: The arrestee's person and area within immediate control

Chimel limits the search to the person and the area from which they could grab a weapon or destroy evidence.