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Criminal Justice
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Constitutional Law and the Criminal Justice System Study Set 1
Quiz 7: The Fourth Amendment: an Overview of Constitutional Searches and Seizures
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Question 41
Short Answer
The ________________ doctrine pertains to evidence obtained as a result of a previous constitutionally invalid activity and must be excluded from trial.
Question 42
Short Answer
In _____________________, the Court held that "The requirement of prior notice of authority and purpose before forcing entry into a home is deeply rooted in our heritage, and should not be given grudging application."
Question 43
Short Answer
The ________________________ is an exception to the exclusionary rule deeming evidence admissible, even if seized in violation of the Fourth Amendment, when it can be shown that the evidence would have been discovered through lawful means.
Question 44
Short Answer
A _________ is a brief detention of a person, based on specific and articulable facts, for the purpose of investigating suspicious activity.
Question 45
Short Answer
In the _______________ principle, a legal assessment is made based on the sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers.
Question 46
Short Answer
A _____________ is the taking of contraband, evidence of a crime, or a person into custody by law enforcement, which is regulated by the Fourth Amendment.
Question 47
Short Answer
The_______________ method is most commonly used in the courts for determining the reasonableness of an action by considering the totality of circumstances in each case.
Question 48
True/False
The Civil Rights of Institutionalized Persons Act, 42 U.S.C. ยง1997, was passed in 1980, with the purposes of reducing acts of abuse and excessive use of force, and of correcting deplorable living conditions of inmates.
Question 49
True/False
The good faith exception does not extend to the execution of arrest warrants or search warrants if police officers are not aware that they are violating Fourth Amendment principles.
Question 50
Short Answer
The _________________ represents the almost limitless variations of interactions between the public and the police, and illustrates how justification for police action increases as their reasons build for thinking criminal activity is afoot.
Question 51
Short Answer
________________ exists when facts and circumstances are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed.
Question 52
Short Answer
A ______________ is an examination of a person, place, or vehicle for contraband or evidence of a crime.
Question 53
True/False
The primary purpose of having a neutral magistrate is to remove from the police the responsibility of determining probable cause.
Question 54
Short Answer
Detective Klenowski and Detective Bell discover an illegal gambling racket occurring in a backroom apartment at a local bar. Because the illegal activity primarily happens at night, they ask the magistrate for a _________________ warrant.
Question 55
Short Answer
Actions described in clear, distinct statements are referred to as __________________.
Question 56
True/False
If a civil liability suit against the government is won, the plaintiff's lawyer's fees are paid by the defendant, making this avenue of litigation attractive for attorneys.
Question 57
Short Answer
One of the driving forces behind the Revolution was strong opposition to indiscriminate and baseless government searches and seizures, including ______________, which were used by revenue officers to search ships and other water vessels, as well as homes and businesses, for evidence of smuggled goods or goods on which taxes had not been paid.
Question 58
Short Answer
Until the 1960s, the Court used the ____________________ approach, viewing the Reasonableness Clause and the Warrant Clause as intertwined and firmly connected.
Question 59
Short Answer
If the police want to make an unannounced entrance because they fear evidence might be destroyed or officers might not be safe, they typically request a ___________________.