NTN Police Legal Knowledge and Criminal Law Flashcards

Under the doctrine of 'plain view,' an officer may seize evidence without a warrant if which condition is met?

Answer: The officer is lawfully present and the incriminating nature of the item is immediately apparent

Plain view allows warrantless seizure when the officer is lawfully in the position to observe the item and its incriminating nature is immediately apparent.

Which legal standard must police meet before conducting a pat-down frisk of a suspicious person under Terry v. Ohio?

Answer: Reasonable articulable suspicion that the person is armed and dangerous

Terry v. Ohio established that officers need only reasonable articulable suspicion that a person is armed and dangerous to justify a protective pat-down.

A suspect invokes their right to counsel during a custodial interrogation. What must officers do?

Answer: Immediately cease all questioning until an attorney is present

Once a suspect unambiguously invokes the right to counsel, all interrogation must stop until an attorney is present.

What is the legal definition of 'curtilage' as it relates to Fourth Amendment protections?

Answer: The area immediately surrounding a home that shares its private character

Curtilage is the area immediately surrounding and associated with the home, considered part of the home for Fourth Amendment purposes.

Which crime classification typically carries the most severe penalties under U.S. law?

Answer: Felony

Felonies are the most serious category of crimes, generally punishable by imprisonment exceeding one year.

An officer arrests someone without a warrant for a misdemeanor committed outside the officer's presence. Under most state laws, this arrest is:

Answer: Generally unlawful unless a specific statutory exception applies

Most states require that a misdemeanor occur in the officer's presence to justify a warrantless arrest, unless a statutory exception applies.

What does 'mens rea' mean in criminal law?

Answer: The criminal intent or guilty mind required for most crimes

Mens rea refers to the mental state or criminal intent that must accompany the prohibited act (actus reus) for most crimes.