NTN Police Legal Knowledge and Criminal Law Flashcards

Under the Fourth Amendment, a warrantless search of a home is generally considered:

Answer: Presumptively unreasonable

The Fourth Amendment establishes that warrantless searches of a home are presumptively unreasonable, with only limited exceptions recognized by the courts.

Which Supreme Court case established the 'exclusionary rule,' which prohibits the use of illegally obtained evidence in court?

Answer: Mapp v. Ohio

Mapp v. Ohio (1961) established that evidence obtained in violation of the Fourth Amendment cannot be used in state criminal prosecutions.

An officer stops a vehicle and smells fresh marijuana. This odor alone generally provides:

Answer: Probable cause to search the vehicle

Courts have consistently held that the odor of marijuana detected by a trained officer provides probable cause to search a vehicle.

Under Miranda v. Arizona, warnings must be given before custodial interrogation. 'Custody' is best defined as:

Answer: When a reasonable person would not feel free to leave

Miranda custody exists when a reasonable person in the suspect's position would not feel free to terminate the encounter and leave.

The 'plain view' doctrine allows an officer to seize evidence without a warrant when:

Answer: The officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent

All three elements—lawful presence, plain view, and immediately apparent incriminating nature—must be met for a valid plain-view seizure.

Which element is NOT required to establish 'probable cause' for an arrest?

Answer: Proof beyond a reasonable doubt

Probable cause requires only a reasonable belief based on articulable facts, not the higher standard of proof beyond a reasonable doubt required for conviction.